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UNITED STATES OF AMERICA. 



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A SCHOOL MANUAL 



GOVEBNMENT 



UNITED STATES, 



KANSAS ADDENDUM. 



-f* 



By M. L. G.^nd C. GUILLAUME THUMMEL. 



1 



TOPEKA, KANSAS: 

CHASTE & COMPAXY, PUBLISHERS. 

1896. 



-5^ 



TO MY 

ESTEEMED 

Friend and Teacher, 

PROFESSOR F. LOUIS SOLDAN, 

THIS WORK IS 
RESPECTFULLY DEDICATED. 

C. G. T. 



COPYRIGHT 1893, 

By M. L. G. and C. G. THUMMEL. 



COPYRIGHT 1895, 

By M. L. G. and C. G. THUMMEL. 



^KAj^vxa^, 



'Wv 



INDEX. 



INDEX. 



Page 

A Congress, meaning of 33 

Accidental mischief 116 

Accomplices 116 

Accused Persons, rights of 92 

Administration, consists of 45 

Affirm, use of 40 

Ambassadors 41 

Appointment Officer, of P. O. Dept. 71 

Arson 119 

Articles to Constitution 158 

Assault 118 

Attainder 33 

Attorney General, qualifications, 

duties 73 

Bail 95 

Bank 51 

Banking System 51-55 

Bill, defined 26 

Bills, originate 24 

Bills, ways of becoming laws 25 

Blasphemy 124 

Bribery 122 

Bureaus, Navy Dept 62 

Burglary 119 

Cabinet, members of 43 

Cabinet, how selected 44 

Cabinet Officers, by whom app't'd 78 

Cadets, qualifications of 60 

Capital Crimes 91 

Capitation Tax 34 

Census 69 

Charge d' Affaires 42 

Citizens of United States, defined . 98 

City Officers 112 

City Superintendent of Schools. . . 107 

Committees of House of Reps 27 

Congress 17 

Congress, meetings of, members . . 22 
Congress, quorum to do business. 23 
Congress, rules of proceedings .... 23 

Congress, ends 27 

Congress, powers of 27-32 

Congress, restrictions on 32-35 

Congress, power over territory ... 86 
Congressmen, salaries of 23 



Page 
Congressmen, holding other offices 24 

Constitution, function of 14 

Constitution, objects of 15 

Constitution, controls 15 

Constitution, how amended 87 

Constitution, amendments valid. . 87 
Constitution, by whom supported. 88 

Constitution, amendments to 89 

Constitution, in full 136 

Conscience, freedom of 89 

Conspiracy 120 

Consuls 42 

Consuls, duties of 43 

Contempt of Court 122 

Conviction of Treason 83 

Coroner, duties of .... Ill 

County, defined, officers 109 

County-house (or poor house) .... 110 

County Treasurer Ill 

Counterfeiting 121 

Court, Supreme 82 

Court, Probate, Federal 96 

Crime 114 

Crimes, elements of 115 

Crimes, classified 117-125 

Crimes, how tried 82 

Criminal 85 

Criminal Law 114 

Criminal, proceedure against 115 

Criminality of an act 115 

Declaration of Independence 127 

Department of State 45 

head of the department 45 

his duties 46 47 

his authority . . 4S 

Department of the Treasury. ..... 4s 

duties of Sec. of Treasury .... 50 

Department of War 56 

duties of Secretary of War. . .56-58 

officers under 58 

where trained 59 

Department of the Navy 62 

duties of Secretary of Navy. .62-63 

Bureaus 62-63 

officers, grades of 64 



INDEX. 



Page 
Department of. the Navy, officers, 

training of 64 

students, qualifications of . . .64-65 

Department of the Interior 67 

duties of Sec. of Interior 67 

Department of Agriculture 75 

duties of Sec. of Agriculture. .75-77 

report obtainable 77 

Divisions of P. 0. Department 71 

Districts, judicial 75 

Drunkenness 117 

Duties, imposts, etc 28 

Electors, how chosen 36 

number of Electors 37 

Electoral College 37 

Electoral votes 38 

Eligibility to Presidency 38 

Equity 81 

Executive Department 36 

persons employed 36 

chief executive, Vice-President. 36 

Executive officers 41 

Ex-post facto 33 

Extortion 122 

Felony 115 

Fine 95 

Freedom of conscience 89 

Freedom of the press 89 

Gambling 120. 

Government, kinds 9 

Government of U. S., consists 10 

receives power from 10 

distinction between U. S. and 

State 11 

duties of 11 

how maintained 12 

how supported 28-29 

earliest form 9 

how divided 12 

Governor, of a State, duties of . . . 101 

power of 102 

veto power 103 

Great Seal of United States 46 

Habeas corpus 33 

House of Representatives 17 

election of officers 18 

Idiot 116 



Page / 

Ignorance of law 116 

Indictment 94 

Indictment, crimes prosecuted b 1 . 125 

Insanity (effect on crime) 117 

Imprisonment (false) 118 

Impeachment, sole power 19 

tried by which house' 21 

number necessary to convict . . 21 

penalty, liable to trial 21-22 

Judgment 97 

Judicial Department 79 

object of, power vested 79 

judges, hold office, salaries ... 79 

judicial power extends 80 

Jurisdiction, original 81 

of Supreme Court 81 

of Appellate Court 81-82 

Jury cases 92 

Jury, defined, kinds 93 

Jury, Grand 93 

Jury, Petit 94-95 

Kidnaping H8 

Land Survey 69 

Larceny 119 

Law, kinds 13 

Law, result of, supreme, agrees. . . 14 

Libel 121 

Lien, mechanic's 97 

Lieutenant-Governor 103 

Limitation on Pres. and V. Pres. . 37 

Limitation on duties 28 

Lottery 121 

Maintenance 123 

Manslaughter H8 

Marque and Reprisal 30 

Marshals (U.S.) 73 

Meteorological Bureau 78 

Midshipmen 64 

Military Academy 59 

purposes of 59 

students, branches 59 

Ministers plenipotentiary and res- 
ident 42 

Mints,locations, business, officers, 55 

Mints, report, coining 55-56 

Misdemeanor 115 

Misprision of felony 123 



INDEX. 



Page 

Misprision of treason 117 

Monarchy, absolute, limited. ..... 10 

Money Order 72 

Murder 118 

Naturalization 29 

Naval Academy 64 

Naval Observatory 66 

Nuisance 121 

Oath 123 

Obtaining goods by false pretences 120 

Officers under President 41 

Officers, in army 59 

Officers, in navy 64 

Office of Foreign Mails . . 72 

Offices of Cabinet Officers 78 

Orders, resolutions, votes. 26 

Ownership of property 113 

Pension 67 

Perjury 123 

Persons disqualified from holding 

office 98 

Population of United States. .... 69 

Postmaster General 70 

Port of Entry 15 

Power, supreme, rests, how 11-12 

Power, legislative 12 

executive 12 

judicial 12 

legislative vested 17 

President of U. S., election of 38 

qualifications of. 39 

salary, oath of office 40 

authority 40 

officers appointed by 41 

Presidency, open to whom 38 

vacancy in 39 

succession to 39 

Private houses, when searched. .. . 90 

Private property, when taken .... 91 

Public Schools 106-107 

Punishment 124 

Religious test 85 

Republic 10 

Representatives, how chosen 17 

Representatives, qualifications of. 17 

number vacancies filled 18 

Requisition 85 



Page 

Restrictions on States 98 

Revenue 25 

Rights of United States citizens . . 99 

Riot . . 122 

Robbery 118 

Secretary, defined 44 

Secretary of State 46-47 

Secretary of the Treasury 50 

Security 51 

Senate, composed, how chosen. ... 19 
number of votes, vacancies in, 19 

President of 20 

Senators, qualifications of 20 

Senatorial elections 22 

Sheriff Ill 

Signal Service 60 

Slavery 98 

State, defined 100 

government of officers 100-101 

Secretary 103 

Auditor 104 

Treasurer 104 

Attorney-General 105 

Superintendent of Schools 105 

Universities 108 

government controls 108 

action 84 

citizens, privileges 84 

how admitted to Union 86 

where not formed 86 

rights guaranteed 86 

protection guaranteed 87 

Sub-di visions of State 109 

Sub-Treasuries 50 

Suits, civil, criminal 96 

Tariff, kinds of 28 

Taxes 12 

Town Ill 

Treaties 41 

Treason 24 

conviction of 83 

punishment, attainder 83 

Twice liable for offense 9 

Verdict 95 

Warrants, when issued 90 

Will 113 

Witness, against self 91 



6 PREFACE. 



PREFACE. 



Nowhere do men exist without a governing power, 
some person or persons in authority. The funda- 
mental law of nature demands a government ; man, 
of all animals, being the most dependent on the 
parent. During this period of dependence time and 
opportunity is aflbrded for the development of habits 
of respect and obedience on one side, and authority 
and protection on the other. Government was in- 
stituted by God in the Garden of Eden, when he 
gave Adam and Eve dominion over every living 
thing. The first government recognized by man was 
parental or patriarchal. It began with our first 
parents ; it is in force to-day. 

The necessity of restraint on man during his period 
of dependence is patent to all, and the State seldom 
has occasion to restrain those of its citizens who 
have been reared where a kind but judicious hand 
is at the helm of the family government. 

The family, as a society, expands into groups of 
societies, developing into communities and states, 
always recognizing the necessity of a government, 



PREFACE. 7 

knowing that the prosperity and success of a com- 
munity depends largely on the wisdom and justice 
of its laws and their just administration. 

The design of the present undertaking is to awaken 
in the minds of the rising generation, the future 
rulers of our country, an interest in its government. 
This, we "believe, can be best accomplished by giv- 
ing them a thorough knowledge of what that gov- 
ernment is. We have not written a book ; we have 
merely collected from Bancroft, Blackstone, Kent, 
Bishop, Story, Bouvier, and others, that information 
most necessary to acquaint the youth of our country 
with the advantages which, as American citizens, 
they derive from the constitution and laws of the 
United States. We have endeavored to adapt the 
work to the capacity of pupils in the grammar 
schools, and have confined ourselves entirely to the 
American government. We do not burden their 
minds or tax their memories with what was, but 
confine ourselves strictly to what is, and deal with 
American institutions only. 

In order to give as much information in as brief a 
space as possible, we have arranged it in accordance 
with the constitution, and divided it into questions 
and answers to facilitate its being memorized. As 
ignorance is not accepted as an excuse for crime, we 



8 PREFACE. 



have given that part of the penal code most com- 
monly violated. It has been said that, on most 
subjects, if yon think differently from the average 
mind yon think better. We go farther and assert 
that on most subjects if you think at all, yon do 
better than the average mind. If we can succeed 
in making the rising generation think about our 
government, the advantages derived from it and 
wherein it might be bettered, improvements will 
necessarily follow, and we shall have accomplished ~ 
the desire of 

THE AUTHORS. 
St. Louis, Mo., November 15, 1893. 



UNITED STATES GOVERNMENT. 



A SCHOOL MANUAL 

OF 

Government in the United States. 



CHAPTER I. 

General Organization. 

1. What is government? 

Government is control by law exercised 
over a country by its inhabitants. 

2. What was the earliest form of government ? 
The Patriarchal. 

3. What was the Patriarchal form? 

The Patriarchal form of government was 
that in which the oldest male ancestor was 
the fountain of authority and influence, exer- 
cising undefined control. 

4. What are the chief kinds of government of the 

present time ? 
Absolute Monarchy, Limited Monarchy, 
and Kepublic. 



10 :axtal of the 

5. What is an A": solute Monarchy? 

An Absolute Monarchy is that svsteni of 
government in which the will of the ruler is 
the supreme law. there being no limitations 
on the exercise of his power. 

6. \Vhat is a Limited Monarchy? 

A Limited Monarchy is that >y<tern of 
government wherein the ruler exercises his 
powers within legal limitations. 

7. What is a Republi 

A Republic is that system of government 
wherein the source of power is in the people, 
and the laws are framed and administered 
their representatives. 

8. What kind of government has the United Sta bra 1 
The United States is a Bepnblic. 

9. Of what does the government of the United 

States c : osist : 

Of the President and all officers tinder his 
control, stitnting the executive dep 
ment; C _ ess, instituting the legislative 



TOTITED STATES GOVERNMENT. 11 

department, and the Courts of Justice, con- 
stituting the judicial department. 

10. Whence does the government receive its pow- 

ers ? 

The government receives its powers from 
the consent of the people, formulated in the 
constitution. 

11. What is the difference between the state (or 

people) and the government ? 
The "state" is the whole body of people 
organized for the purpose of control; the 
"government" is the instrumentality through 
and by which the laws are administered. 

12. What are the duties of government ? 

The duties of government are to secure jus- 
tice to all the citizens ; to promote the general 
welfare, and to defend the State. 

13. In whom does the supreme power rest ? 
The supreme power rests in the people. 

14. How does the supreme power rest in the people ? 



12 A SCHOOL MANUAL OF THE 

The supreme power rests in the people as 
a body, not as separate individuals. 

15. How is the government maintained ? 

The government is maintained by means 
of taxes, duties, imposts and excises. 

16. By what authority are taxes, etc., levied ? 
Under the authority of Congress. 

17. What are taxes ? 

Taxes are contributions of every kind re- 
quired by the government from its citizens 
for its support. 

18. How is the government of the United States 

divided ? 

Into three branches — the legislative, the 
executive, and the judicial. 

19. What is the legislative power ? 

The legislative power is the power to make 
laws and to alter or repeal them. 

20. What is the executive power ? 

The executive power is the power which 



T ^STITED STATES GOVERNMENT. 13 

causes the laws to be executed and obeyed. 

21. What is the judicial power ? 

The judicial power is the power vested in 
the courts to interpret and enforce the laws. 

22. What is law i 

Law is a rule of civil conduct prescribed 
by the governing power of the State. 

23. What is necessary to give force to laws ? 

A law, to secure control, must be accom- 
panied by a penalty and a certainty that the 
penalty will be inflicted. 

24. How many kinds of law are there ? 
Two; statute and common law. 

25. What is statute law ? 

Law made by the legislative body is called 
statute law. 

26. What is common law ? 

Common law is law which has been recog- 
nized as right for a period of time so long 



14 A SCHOOL MANUAL OF THE 

that the memory of man runneth not to the 
contrary. 

27. "What is the result of law ? 

Liberty is the result of wise and just laws 
faithfully executed. 

28. What is the supreme law in the American sys- 

tem of government ? 

The constitution. 

29. What is the constitution ? 

The constitution is the fundamental law of 
the land. 

30. With what must all laws accord ? 

All laws must be in accordance with the 
constitution. 

31. What is the function of the constitution ? 
The function of the constitution is to de- 
termine the form of government and define 
its powers. 

32. What are the six objects for which the consti- 

tution of the United States was ordained ? 



UNITED STATES GOVERNMENT. 15 

(1) To form a more perfect union; (2) to 
establish justice; (3) to insure domestic tran- 
quility; (4) to provide for the common de- 
fense; (5) to promote the general welfare; 
(6) to secure the blessings of liberty to our- 
selves and our posterity. 

33. By and for whom was the constitution estab- 

lished? 

The constitution of the United States was 
established by and for the people. 

34. What does the constitution control ? 

The constitution controls the three depart- 
ments of government. 

35. What is a Port of Entry ? 

A Port of Entry is a place where goods 
imported into this country are authorized by 
law to be received, and where the duties 
thereon are collected. 

36. What is the building called where those duties 

are paid ? 

The United States Custom House. 



16 



A SCHOOL MANUAL OF THE 




UNITED STATES GOVERNMENT. 17 

CHAPTER IL 

The Legislative Department. 

1. In what are all legislative powers of the United 

States vested ? 

All legislative powers are vested in a con- 
gress of the United States. 

2. Of what does this congress consist ? 
Congress consists of a Senate and House of 

Representatives. 

3. Of what is the House of Representatives com- 

posed? 
The House of Representatives is composed 
of members chosen every second year. 

4. By whom are representatives chosen? 
By the people of the several States. 

5. How old must a representative be ? 

A representative must be at least twenty- 
five years old. 

6. How long must he have been a citizen of the 

United States ? 

Seven years. 



18 A SCHOOL MANUAL OF THE 

7. Of what State must he be a citizen when 

elected? 

Of the State in which he is chosen. 

8. Upon what is the number of Representatives 

from each State based ? 

Upon the number of citizens. 

9. Are Territories represented in congress ? 
Each organized territory may send one 

delegate, who may sit in the House of Rep- 
resentatives, but have no vote. 

10. How are vacancies in the House of Represent- 

atives filled ? 
When vacancies happen in the number of 
representatives from any State, the executive 
authority thereof shall issue writs of election 
to till such vacancies. 

11. Who is the executive authority of a State? 
The Governor. 

12. Who elects the officers of the House of Repre- 

sentatives ? 
The members of the House of Representa- 
tives choose all their officers. 



UNITED STATES GOVERNMENT. 19 

13. What body has the sole power of impeach- 

ment ? 

The House of Representatives has the sole 
power of impeachment, 

14. What is meant by impeachment ? 

To impeach an officer is to accuse him of 
official misconduct. 

15. Of what is the Senate composed i 

The Senate is composed of two Senators 
from each State. 

16. How are Senators chosen \ 

Senators are chosen by the legislature of 
each State. 

17. How long is the term of a Senator ? 

Six years, one-third of the members retir- 
ing every two years. 

CD e/ t/ 

18. How many votes has each Senator ? 
One. 

19. How are vacancies in the Senate filled? 

If vacancies in the Senate happen during 



20 A SCHOOL MANUAL OF THE 

the recess of the legislature of any State, the 
executive of the State may make temporary 
appointments until the next meeting of the 
legislature, which shall then fill such vacan- 
cies. 

20. How old must a Senator be ? 
At least thirty years old. 

21. How long must lie have been a citizen of the 

United States ? 

Nine years. 

22. Of what State must he be a citizen when elected? 
Of that State from which he is chosen. 

23. Who is the President of the Senate ? 

The Vice-President of the United States. 

24. When may he vote ? 

He has no vote, unless the Senate be equally 
divided. 

25. Who shall choose the other officers of the 

Senate ? 

The Senate shall choose their other officers, 



OTTITED STATES GOVERNMENT. 21 

and also a temporary president, in the ab- 
sence of the Vice-President of the United 
States, or when he becomes President of the 
United States. 

26. Which, house has the power to try all impeach- 

ments ? 

The Senate has the power to try all im- 
peachments. 

27. Who presides when the President of the United 

States is tried for impeachment ? 

The Chief Justice of the United States. 

28. What number is necessary to convict ? 

The concurrence of two-thirds of the mem- 
bers present. 

29. What penalties are inflicted in case of convic- 

tion? 

The party convicted shall be removed from 
office and forever disqualified to hold any office 
of honor, trust, or profit under the United 
States. 



22 A SCHOOL MANUAL OF THE 

30. Is a person so convicted liable to a trial for liis 

offense ? 

He is liable to a trial at law for his offense. 

31. By whom is the time, place and manner of 

holding elections for Senators and Represent- 
atives prescribed ? 

By the State legislature. 

32. May this be changed ? 
Congress may change it. 

33. How often shall Congress assemble ? 
At least once in every year. 

34. When shall this meeting be ? 

The meeting of Congress shall be on the 
first Monday in December, unless they shall, 
by law, appoint a different day. 

35. Who decides upon the elections, returns and 

qualifications of Senators and Representa- 
tives ? 

Each house shall be the judge of the elec- 
tions, returns, and qualifications of its own 
members. 



UNITED STATES GOVERNMENT. 23 

36. What constitutes a quorum to do business ? 
A majority of each house. 

37. What business may a smaller number transact ? 
They may adjourn from day to day, and 

compel the attendance of absent members. 

38. Who determines the rules of proceedings ? 
Each house may determine the rules of its 

proceedings. 

39. Who punishes disorderly members ? 

Each house may punish its members for 
disorderly behavior. 

40. How may members be expelled ? 

Each house with the concurrence of two- 
thirds of its members may expel a member. 

41. How are the salaries of members of congress 

provided ? 
The salaries of Senators and Representa- 
tives are fixed by law. 

42. How are they paid ? 

They are paid out of the treasury of the 
United States. 



24 A SCHOOL MAKtXAL OF THE 

43. May members of congress be arrested during 

their attendance at a session of congress ? 
They are only subject to arrest for treason, 
felony, and breach of peace. 

44. What is treason ? 

Treason against the United States consists 
in levying war against them, or adhering to 
their enemies, giving them aid or comfort. 

45. What is felony ? 

Any crime punishable by imprisonment in 
the penitentiary is a felony. 

46. May a Representative or Senator hold another 

office under the United States at the same 

time? 
No person holding any office under the 
United States shall be a member of either 
house during his continuance in office. 

47. What hills originate in the House of Eepre- 

sentatives ? 
All bills for raising revenue originate in 
the House of Kepresentatives. 



UNITED STATES GOVERNMENT. 25 

48. What is revenue ? 

Revenue is the income of the government 
arising from taxation, duties and the sale of 
government stocks and lands. 

49. In how many ways may a bill become a law ? 
In three ways. 

50. What is the first way ? 

Every bill which has passed the House of 
Representatives and the Senate shall, before 
it become a law, be presented to the President 
of the United States; if he approve, he signs 
it and it is a law. 

51. What is the second way ? 

If the President does not approve, he shall 
return it, with his objections, to the house in 
which it shall have originated. 

52. What shall that house then do ? 

They shall proceed to reconsider it ; and if 
two-thirds of that house shall agree to pass 
the bill it shall be sent, together with the ob- 
jections, to the other house. The other house 



26 A SCHOOL MANUAL OF THE 

shall reconsider it, and if approved by two- 
thirds of that house, it shall become a law. 

53. What is the third way in which a bill may be- 

come a law ? 

If the President does not return a bill 
within ten days (Sundays excepted) after it 
shall have been presented to him, it shall be- 
come a law. 

54. If congress has in the meantime adjourned 

shall it become a law ? 

If congress has in the meantime adjourned 
it shall not become a law. 

55. How are orders, resolutions and votes passed? 
Orders, resolutions and votes are passed 

according to the rules and limitations pre- 
scribed in the case of a bill. 

56. What is a bill ? 

A bill is the draft of a law submitted to 
the consideration of a legislative body for its 
adoption. 



UNITED STATES GOVERNMENT. 27 

57. What is meant by the term " a congress ? " 
The term "a congress" means the body of 

Senators and Kepresentatives holding office 
during any one representative term of two 
years. 

58. When does each congress end ? 

Each congress ends at noon of the fourth 
of March, next succeeding the beginning of 
its second regular session. 

59. Who appoints the committees in the House of 

Representatives ? 

The Speaker in the House of Representa- 
tives appoints the committees. 

60. Who appoints the committees in the Senate ? 
The Senate appoints its own committees. 

61. What are the powers of congress ? 

The congress shall have power: (1) To lay 
and collect taxes, duties, imposts and excises, 
and to pay the debts and provide for the 
common defense and general welfare of the 
United States, 



28 A SCHOOL MANUAL OF THE 

62. What limitation is placed on all duties, imposts 

and excises ? 

They shall be uniform throughout the United 
States. 

63. What are duties, imposts, and excises ? 
Duties, imposts, and excises, are charges 

laid on imported goods or merchandise. 

64. How many kinds of tariff are there ? 

Two ; protective tariff, and revenue tariff. 

65. What is a protective tariff? 

A protective tariff is a tax on foreign com- 
modities sufficiently high to prevent competi- 
tion with home products. 

66. What is a revenue tariff? 

A revenue tariff is a tax on imports solely 
for the support of the government. 

67. Is this the only support of the government ? 
The United States government receives its 

support: (1) from duties on imported goods; 



UNITED STATES GOVERXMEJtfT. 29 

(2) from internal revenue tax; (3) from post- 
age; (4) from public lands. 

(2) The congress shall have power to bor- 
row money on the credit of the United States. 

(3) The congress shall have power to reg- 
ulate commerce with foreign nations, and 
among the several States, and with the Indian 
tribes. 

(-JL) The congress shall have power to estab- 
lish a uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies 
throughout the United States. 

68. What is naturalization ? 

Naturalization is the process by which a 
foreign -born person becomes a citizen. 

(5) The congress shall have power to coin 
money, regulate the value thereof and of for- 
eign coin, and fix the standard of weights 
and measures. 

(6) The congress shall have power to pro- 
vide for the punishment of counterfeiting the 



30 A SCHOOL MANUAL OF THE 

securities and current coin of the United 
States. 

(7) Tlie congress shall have power to es- 
tablish post-offices and post-roads. 

(8) The congress shall have power to pro- 
mote the progress of science and the useful 
arts, by securing for limited times to authors 
and inventors the exclusive right to their 
respective writings and discoveries. 

(9) The congress shall have power to con- 
stitute tribunals inferior to the Supreme Court. 

(10) The congress shall have power to de- 
line and punish piracies and felonies com- 
mitted on the high seas, and offenses against 
the law of nations. 

(11) The congress shall have power to de- 
clare war, grant letters of marque and reprisal, 
and make rules concerning captures on land 
and water. 

69. What is a letter of marque and reprisal I 
A letter of marque and reprisal is a com- 



UNITED STATES GOVERNMENT. 31 

mission granted by the government to a pri- 
vate individual to take the property of a 
foreign State, or its subjects, as a reparation 
for an injury committed by such State or its 
subjects. 

(12) The congress shall have power to raise 
and support armies, but no appropriation of 
money to that use shall be for a longer term 
than two years. 

(13) The congress shall have power to pro- 
vide and maintain a navy. 

(14) The congress shall have power to make 
rules for the government and regulation of 
land and naval forces. 

(15) The congress shall have power to pro- 
vide for calling forth the militia to execute the 
laws of the Union, suppress insurrections and 
repel invasions. 

(16) The congress shall have power to pro- 
vide for organizing, arming and disciplining 
the militia, and for governing such part of 
them as may be employed in the service of 



32 A SCHOOL MANUAL OF THE 

the United States, reserving to the States 
respectively the appointment of officers and 
the authority of training the militia accord- 
ing to the discipline prescribed by congress. 

(17) The congress shall have power to ex- 
ercise exclusive legislation in all cases what- 
soever over such district (not exceeding ten 
miles square) as may, by cession of particular 
States and the acceptance of congress, be- 
come the seat of government of the United 
States, and to exercise like authority over all 
places purchased by the consent of the legis- 
lature of the State in which the same shall be, 
for the erection of forts, magazines, arsenals, 
dock-yards and other needful buildings. 

(18) The congress shall have power to make 
all laws which shall be necessary and proper 
for carrying into execution the foregoing 
powers, and all other powers vested by the 
constitution in the government of the United 
States, or in any department, or office thereof. 

70. What are the restrictions placed upon congress ? 
(1) The privilege of the writ of " habeas 



UNITED STATES GOVERNMENT. 33 

corpus " shall not be suspended unless, when 
in cases of rebellion or invasion the public 
safety may require it. 

71. What is meant by " habeas corpus ? " 

A writ of habeas corpus is a writ granted by 
a court, at the instance of a person deprived 
of his liberty, to prevent the continuance of 
any unlawful restraint or imprisonment. 

(2) No bill of attainder or ex-post facto 
law shall be passed. 

72. What is attainder ? 

Attainder is that extinction of civil rights 
and capacities which takes place whenever a 
person who has committed treason or felony 
receives sentence of death for his crime. 

73. What is an ex-post facto law ? 

An ex-post facto law is one which would 
render an act punishable in a manner in 
which it was not punishable when committed. 

(3) No capitation or other direct tax shall 
be laid unless in proportion to the census. 



34 A SCHOOL JOJSTTAL OF THE 

74 What is capitation tax ! 

Capitation tax is a tax levied yearly upon 
each male person. 

4 No tax or duty shall be laid on articles 
exported from any State. 

(5) No preference shall be given by any 
regulation of commerce or revenue to the 
parts of one State over those of another. 

(6 ) Vessels bound to or from one State shall 
not be obliged to enter, clear, or pay duties 
in another. 

7 No money shall be drawn from the 
treasurer unless by law; and a regular ac- 
count of the receipts and expenditures of all 
public money shall be published from time to 
time. 

B No title of nobility shall be granted 
by the United States. 

(9) No public officer of the United States 
shall receive any present or title from any 
foreign State or person without the consent 

conscre--. 



UNITED STATES GOVERNMENT. 35 




THE WHITE HOUSE, WASHINGTON, D. C 



36 A SCHOOL MANUAL OF THE 

CHAPTER III. 
The Executive Department. 

1. How many persons are employed in the Execu- 

tive Department ? 

About one hundred thousand. 

2. Who is the Chief Executive of the United States ? 
The President. 

3. How long shall he hold office ? 
Four years. 

4. How long is the term of the Vice-President J 
The same as that of the President. 

5. Who votes for the President ? 
The Electors. 

6. What is an elector i 

An Elector is one who has been appointed 
to choose or elect the President of the United 
States. 

7. How are the electors chosen ? 

The people assemble on the first Tuesday 
after the first Monday in November, preceding 



TJKITED STATES GOVERNMENT. 37 

the close of a presidential term, and vote for 
the electors. 

8. What are the electors in each State called ? 

The Electoral College. 

9. When does the Electoral College meet ? 

They meet on the first Wednesday in 
December following their election, in their re- 
spective States, and vote by ballot for a Pres- 
ident and Vice-President. 

10. How many members compose the Electoral 

College of each State? 
Each State has as many Presidential Elect- 
ors as it has Senators and Eepresentatives. 

11. What limitation is placed on choosing the 

President and Vice-President ? 

They cannot both be residents of the same 
State. 

12. What do the electors do with their votes ? 
They count, certify and seal their votes, 

and send the sealed package by a messenger 



38 A SCHOOL MAKTJAL OF THE 

to the President of the United States Senate. 

13. What is then done ? 

On the second Wednesday in the February 
following the members of the Senate and 
House of Representatives assemble together, 
the packages are opened, and the votes 
counted in their presence, and the result is 
officially proclaimed. (This is now but a 
form; the President and Vice-President are 
virtually determined by the people in Novem- 
ber.) 

The person receiving the greatest number 
of votes for President, if a majority of all the 
votes cast, shall then be President; and like- 
wise with the Vice-President. If no one re- 
ceives a majority, the House of Representa- 
tives elects a President, and the Senate elects 
the Vice-President. 

14. Who shall be eligible to the office of President ? 

No person except a natural born citizen 
shall be eligible to the office of President. 



UNITED STATES GOVERNMENT. 39 

15. To what age must the President have attained? 
To the age of thirty-five years. 

16. How long must he have lived within the United 

States? 

Fourteen years. 

17. In case of a vacancy in the Presidency who 

shall become President ? 
The Vice-President. 

18. How may a vacancy in the Presidency occur ? 

By the removal of the President from office, 
his death, resignation, or inability to dis- 
charge the duties of office. 

19. In case of vacancy in the Presidency and Vice- 

Presidency who shall fill the offices ? 
In case of a vacancy in the Presidency 
and Vice-Presidency the congress shall, by 
law, appoint officers to fill such vacancies 
until a President be elected. 

(By a recent enactment of congress, the 
cabinet officers in regular order succeed to the 
Presidency after the Vice-President). 



40 A SCHOOL MANUAL OF THtf 

20. May the President's salary be changed during 

his term of office ? 
It can neither be increased nor diminished 
during his term of office. 

21. What is the President's salary ? 

Fifty thousand dollars a year, together with 
the use of the White House. 

22. What is the President's oath of office ? 

I do solemnly swear (or affirm) that I will 
faithfully execute the office of President of the 
United States, and will, to the best of my 
ability, preserve, protect, and defend the con- 
stitution of the United States. 

23. Why is the word " affirm " also used ? 

The word " affirm" was added for the ben- 
efit of the Quakers and Shakers who are 
opposed to swearing. 

24. What authority has the President over the 

United States army and navy and State 
militia ? 
The President shall be commander-in-chief 



TTlSriTEB STATES GOVERNMENT. 41 

of the army and navy of the United States, 
and of the militia of the several States when 
called into the actual service of the United 
States. 

25. What authority has the President to make 

treaties ? 

The President shall have power, by and 
with the advice and consent of the Senate, to 
make treaties, provided two-thirds of the 
Senators present concur. 

26. Name the officers appointed by the President ? 

(1) Justices of the Supreme and inferior 
United States Courts. 

(2) Ambassadors. 

(3) Ministers Plenipotentiary. 

(4) Resident Ministers. 

(5) Charge d' Affaires. 

(6) Consuls. 

(7) The Cabinet. 

27. What are Ambassadors ? 
Ambassadors are the highest grade of offi- 



42 A SCHOOL MANUAL OF THE 

cials representing this government at foreign 
countries. 

28. What are Ministers Plenipotentiary ? 

Ministers Plenipotentiary are ministers sent 
by the United States to reside in a foreign 
country with full power to act for the govern- 
ment. 

29. What are Resident Ministers ? 

Eesident Ministers are ministers sent to 
countries of less importance and receive less 
salaries. 

30. What are Charge d' Affaires ? 

Charge d 'Affaires are the lowest grade of 
ministers, and have very little authority, ex- 
cept when acting in the place of a minister. 

31. What are Consuls ? 

Consuls are agents appointed by the gov- 
ernment to reside at foreign sea-ports, and 
commissioned to watch over the commercial 
rights of the nation sending them. 



TJKITED STATES GOVERNMENT 43 

32. Name some of the duties of American Consuls ? 

(1) They take charge of the estate of any 
American dying abroad when settlement is 
not provided for. 

(2) They have charge of transfers of prop- 
erty made by Americans residing abroad. 

(3) They keep records of all vessels enter- 
ing their ports, the number of seamen, etc. 

(3) They protect the rights of American 
seamen. 

(5) They make annual reports of the pro- 
ductions of the inhabitants of the country 
to which they are sent. 

33. Name the members of the Cabinet ? 

(1) The Secretary of State. 

(2) The Secretary of the Treasury. 

(3) The Secretary of War. 

(4) The Secretary of the Navy. 

(5) The Secretary of the Interior. 



44 A SCHOOL MANUAL OF THE 

(6) The Attorney-General. 

(7) The Postmaster-General. 

(8) The Secretary of Agriculture. 

34. What is meant by the word Secretary as a 

member of the Cabinet? 

The Secretary is an officer whose business 
is to superintend and manage a department. 

35. What aid does the President receive from his 

Cabinet ? 

He arranges the conduct of public affairs 
through the reports of these officers. 

36. From whom are the Cabinet selected ? 

They are selected from among those who 
are supposed to be especially adapted, by ex- 
perience, acquirements and capacity, for the 
especial position, as well as in harmony with 
the general policy adopted by the President. 

37. What are the Cabinet officers to the President? 
They are his advisers. 



UNITED STATES GOVERNMENT. 45 

38. What are the President and Cabinet called ? 
The Administration. 

39. What is the first department in the Cabinet ? 
The Department of State. 

40. Who is the head of this department? 
The Secretary of State. 

41. What is the business of the Secretary of State ? 
The Secretary of State attends to our rela- 
tions with foreign countries. 

42. By whom is he aided? 

By an Assistant Secretary appointed in the same 
manner as himself. 

43. How are the various sub-officers appointed? 

By the Secretary. 

44. What is the business of this department in regard to for- 

eign countries? 

This department has charge of such business as 
may arise between this government and the govern- 
ment of other countries. 

45. What is in the keeping of the Secretary of State? 
The Great Seal of the United States. 



46 A SCHOOL MANUAL OF THE 

46. What is the Great Seal?; 

It is the seal which the Secretary of State is re- 
quired by law to affix to all commissions given to 
officers of the United States who are appointed by 
the President and Senate or by the Senate alone. 

47. What are the duties of the Secretary of State under the 

supervision of the President? 

(1) To conduct the correspondence with and give 
instructions to the foreign ministers, consuls and 
agents of the government abroad. 

(2) To take charge of the official business and 
intercourse of the government with the representa- 
tives of foreign governments sent to us. 

(3) To attend to such other business arising from 
our foreign relations as shall be committed to him 
by the President. 

48. What papers must the Secretary of State keep in his office ? 

He must keep original copies of all acts, resolu- 
tions and orders of Congress. 

49. What must he deliver to each Senator and Representative 

in Congress and the Governor of each State? 

A copy of all acts, resolutions and orders of Con- 
gress. 



UNITED STATES GOVERNMENT. 47 

50. What further duty has he during the session of Congress? 

He must publish the acts and resolutions passed 
by it, in one newspaper in the District of Columbia, 
and not more than two in each State and Territory 
in the United States. 

51. What other documents must the Secretary of State publish ? 

He must also publish, in like manner, all amend- 
ments of the constitution and all public treaties 
made and ratified between the United States and 
any foreign State, province, power or any of the 
Indian tribes. 

52. What duty has he to perform at the close of each session 

of Congress? 

He must cause to be published 11,000 copies, in 
book form, of all the laws, and distribute them as 
directed by law to the President, Vice-President, 
and every ex-President, all members of the con- 
gress, and to all important officers of the govern- 
ment at home or abroad. 

53. Why is he required to do this? 

In order that all in the government employ may 
know what the laws are, and what changes have 
been made. 



48 A SCHOOL MANUAL OF THE 

54. What does the Secretary of State give to each of our citi- 

zens going abroad? 

A passport to travel in foreign countries. 

55. What duty has he in regard to vessels? 

It is the duty of the Secretary of State to prepare 
a form of passport for the vessels of the United 
States. 

56. What authority has the Secretary of State in the execution 

of extradition treaties between the United States and 
foreign governments ? 

He has authority, under his hand and seal of 
office, to issue an order for the rendition of any per- 
son who has been found guilty of crime in a foreign 
country to any properly authorized person, that such 
person may be taken out of the United States to the 
country where the crime was committed. 

57. What is the second department ? 

The Department of the Treasury. 

58. Who is at the head of this department ? 

The Secretary of the Treasury. 



UNITED STATES GOVERNMENT. 49 




THE U. S. TREASURY BUILDING, WASHINGTON, D. C. 



50 A -CHOOL MAXTAL OF THE 

59. What is the business of the Secretary of the 

Treasury \ 

The Secretary of the Treasury attends to 
the finances of the country. 

60. Has he an assistant? 

He is ai-ile I by an Assisran: Secretary, a First and 
Second Comptroller, n^e Auditors, a Treasurer, a 
Commissioner of Customs, a Comptroller of Cur- 

reu'-y a ufi Lis iieputy. an la Solicitor of the Treasury. 

61. Are there any sub- treasuries? 

In several of the large cities there is a sub- treas- 
ury, p reside; :1 ver by an Assistant Treasurer. 

62. What are the purposes of the sub- treasuries? 

TLe purr ;— - :' tLe sub-treasuries are to receive 
and disburse the public funds. 

63. How are the moneys of the United States disbursed? 

Every aoccunt nrust be carefully examine! and 
approved before it can be paid. 

64. What is required of all officers handling public funds? 

All officers handling public funds are required 

by lav- : _ give security for the faithful discharge of 
their dunes. 



UNITED STATES GOVERNMENT. 51 

65. What is meant by giving security? 

Security is anything deposited to secure the pay- 
ment of a debt or the performance of a contract. 

66. What is meant by public funds? 

Public money. 

67. What is a bank? 

A bank is an institution, generally incorporated, 
authorized to receive deposits of money, to lend 
money and to issue bank notes, or perform any one 
of these functions. 

68. When was the present United States banking system estab- 

lished? 

The present system of United States banks was 
established by an act of congress in 1863. 

69. How are banks managed? 

They are managed by private parties and corpo- 
rations, apart from the government, but under its 
supervision and by its authority. 

70. How many persons are necessary to conduct a bank? 

By that act of congress any number of persons, 
not less than five, may associate themselves together 
for the purpose of banking. 



52 A SCHOOL MANUAL OF THE 

71. What conditions are imposed upon them? 

Tbey must, under their hands and seals, make a 
certificate which shall specify : (1) the name assumed 
by such association ; (2) the place where its busi- 
ness is to be conducted ; (3) the amount of its capi- 
tal stock (which must not be less than $50,000); 
(4) the number of its shares ; (5) the names of its 
shareholders and the number of shares held by 
each ; (6) the time when such association shall 
commence business; (7) the declaration that said 
certificate is made to enable such persons to avail 
themselves of the advantages of this act. 

72. What must be done with this certificate? 

This certificate must be properly acknowledged 
before some competent person and sent to the Comp- 
troller of Currency in the Treasury Department, to 
be recorded and kept by him. 

73. What does the Comptroller then do? 

The Comptroller of the Currency gives them a 
certificate, under his hand and official seal, to that 
effect, and they are authorized to commence busi- 
ness. This constitutes the association a corpora- 
tion. 

74. What right does this give them? 

This gives them the right to make and use a com- 



TTKITED STATES GOVERNMENT. 53 

mon seal, and have all the rights and "be liable to 
all the responsibilities of ordinary legalized corpo- 
rations. 

75. How far is each share-holder liable personally ? 

Each share-holder is made personally liable for 
the debts of the association or bank to the amount 
of the par value of his stock. 

76. What must they do in order to insure the holders of the 

bills issued by these banks? 

They must deposit, with the Treasurer of the 
United States, United States bonds bearing interest 
to an amount not less than one-third of the capital 
stock paid in. 

77. What does the bank then receive from the Comptroller of 

Currency ? 

The Comptroller of Currency then issues to the 
bank an amount of bank notes equal to the amount 
of bonds thus deposited, less 10 per cent. 

78. By whom are these bonds kept? 

These bonds are kept by the Treasurer of the 
United States. 

79. Why are these bonds kept by the Treasurer of the United 

States? 

In case the bank should fail to redeem its cir- 



54 A SCHOOL MARITAL OF THE 

culating bills, its bonds are sold, and with the pro- 
ceeds the Comptroller of the Currency redeems 
them, or orders them to be paid at the United States 
Treasury. 

80. When does the United States have complete control over 

the notes issued by the corporation? 

The bonds held by the Treasurer as security for 
the redemption of the bills issued by the association 
must be transferred to him in trust, thus giving him 
entire control of them in case it becomes necessary 
to sell them in order to redeem the bills of any as- 
sociation which may have failed to pay them on 
demand. 

81. What was the result of this act of congress on the bank- 

ing system? 

Nearly all banks conduct their business under 
this system, so that we have a nearly uniform sys- 
tem of banking all over the United States. 

82. Are the bills of these banks recognized everywhere? 

The bills of the banks pass in any part of the 
country. 

83. In case the banks should fail to pay are the bills made 

worthless ? 

In case the bank should fail to pay, there is secu- 



UNITED STATES GOVERNMENT. 55 

rity for their redemption deposited in the United 
States Treasury, where they will be paid on pre- 
sentation. 

84. Where are the United States Mints? 

At Philadelphia, San Francisco, New Orleans, 
Carson City, and Denver. 

85. What is the business of the mint ? 

The business of the mint is to coin the precious 
metals into money. 

86. Who are the officers of the mint ? 

A director, a treasurer, an assayer, a molter and 
refiner, and a chief coiner and engraver. 

87. How are they appointed? 

They are all appointed by the President and 
Senate, in the usual manner. 

88. Who appoints the clerks and assistants? 

The Director. 

89. What is required of them? 

All must give bond. 

90. When and to whom does the Director make a report? 

In January of each year the Director makes a 



56 A SCHOOL MANUAL OF THE 

report to the President, of the operations of the 
mint and its branches for the preceding year. 

91. May private individuals have money coined? 

Any one may take gold to the mint and have it 
coined at a trifling expense. 

92. What other business is done at the mint? 

To assay precious metals and ran them into in- 
gots or bars, either of pure or standard ore, accord- 
ing to the wish of the owner. 

93. What is the third department ? 

The third is the Department of War. 

94. Who is its head ? 

The Secretary of War. 

95. What is his business ? 

He has charge of the military affairs of the 
United States. 

96. Has he an assistant? 

He is aided by an Assistant Secretary. 

97. How does the Secretary of War rank in military authority? 

The Secretary of War ranks next to the President 



UNITED STATES GOVERNMENT. 57 




VIEW OF WEST POINT. 



58 A SCHOOL MANUAL OF THE 

in military authority, and has under him the whole 
oversight of the army and its affairs. 

98. What other duties has the Secretary of War? 

(1) He makes out military commissions to be 
signed by the President. 

(2) He has the care of providing for the support, 
clothing, pay, and equipment of the army, and of 
all military stores required to keep the army in effi- 
cient drill and in readiness against a possible war. 

99. What are in his care? 

All books, records and papers relating to military 
affairs are in his care. 

100. What records are in his office? 

The names, grades, times of enlistment, term of 
service and time of mustering out of all officers and 
privates in the army. 

101. Name the grades of officers in the army. 

Major- General. 

Brigadier-General. 

Colonel. 

Lieutenant-Colonel. 

Major. 

Captain. 



UNITED STATES GOVERNMENT. 59 

First-Lieutenant. 
Second-Lieutenant. 

102. Where do they train men for the army? 

At the Military Academy. 

103 Where is the Military Academy? 

At West Point, New York. 

104. When was this school established? 

It was established by an act of Congress in 1802. 

105. What is its purpose? 

The purpose of the Military Academy is to teach 
and train young men in the science and art of war, 
that in any emergency the country may have a suf- 
ficient number of men educated and skilled in all 
such arts and sciences as appertain to war. 

106. What are the students at the Military Academy called? 

Cadets. 

107. What branches are taught in the Military Academy? 

Mathematics, engineering, gunnery, drawing, nat- 
ural and experimental philosophy, military tactics, 
chemistry, geology, French. 

108. What body controls and regulates the management of this 
institution ? 

The Congress. 



60 A SCHOOL MANUAL OF THE 

109. How many cadets are admitted? 

Each congressional district in each State and Ter- 
ritory may send one cadet to be educated at West 
Point. 

110. How are they chosen? 

They are generally nominated by the Congress- 
men from their respective districts. 

111. Are other persons admitted? 

Ten more cadets may be appointed at large. 

112. What are the qualifications of a cadet? 

(1) He must be well versed in reading, writing and 
arithmetic. 

(2) He must not be under fourteen nor over twen- 
ty-one years of age. 

(3) He must sign articles agreeing to serve the 
United States eight years. 

113. What other Government Bureau comes under this de- 
partment ? 

The Signal Service, a system of signals by which 
information can be sent instantly as far as they can 
be seen. 

114. What is the fourth department ? 

The Department of the Navy. 



UNITED STATES GOVERNMENT. 



61 




NAVAL ACADEMY, ANNAPOLIS, MARYLAND. 



62 A SCHOOL MANUAL OF THE 

115. Who is at its head ? 

The Secretary of the Navy. 

116. What is his business ? 

The Secretary of the Navy attends to the 
naval affairs of the country. 

117. How does he rank ? 

He ranks, next to the President, the highest 
officer in command of the Navy. 

118. By whom is he aided? 

By an Assistant Secretary. 

119. What are the divisions of this department called? 

Bureaus, 

120. How many bureaus are there? 

Eight. 

121 Name them. 

(1) The Bureau of Yards and Docks. 

(2) The Bureau of Equipments and Recruiting. 

(3) The Bureau of Navigation. 

(4) The Bureau of Ordnance. 

(5) The Bureau of Construction and Repairs. 



UNITED STATES GOVERNMENT. 63 

(6) The Bureau of Steam Engineering. 

(7) The Bureau of Provision and Clothing. 

(8) The Bureau of Medicine and Surgery. 

122. What ar-e the duties of the Secretary of the Navy? 

(1) It is his duty to provide naval stores and 
materials, and to oversee the places where they are 
deposited. 

(2) To attend to the construction, equipment, arm- 
ament and employment of vessels of war. 

(3) To see that efficiency and discipline are main- 
tained in the service. 

(4) To assume control of the movements of the 
vessels of war that are kept cruising in every sea 
for the protection of our commerce and citizens in 
foreign parts. 

123. Who appoints the heads of the bureaus? 

The President and Senate. 

124. From whom are they selected? 

From officers of high rank in the navy. 

125. Who appoints and assigns duties to the clerks in the 
various bureaus? 

The Secretary of the Navy. 



64 A SCHOOL MANUAL OF THE 

126. What are the grades of naval officers? 

Rear-Admiral. 

Commodores. 

Captains. 

Commanders. 

Lieutenant-Commanders. 

Lieutenants. 

Masters. 

Ensigns. 

Midshipmen. 

127. Where are men trained for the Navy? 

At the Naval Academy. 

128. Where is this school established ? 

At Annapolis, Maryland. 

129. What is the object of the Naval Academy? 

The object of the Naval Academy is to give a 
thorough knowledge of the science of naval affairs. 

130. What are the students at the Naval Academy called? 

Midshipmen. 

131. What are they taught? 

They are taught navigation and the other branches 
of science necessary to make them good seamen 
and naval officers. 



UNITED STATES GOVERNMENT. 65 



132. How are they selected? 

They are selected upon nearly the same plan as 
the cadets. 

133. What are the qualifications necessary for admission to thd 
Naval Academy ? 

(1) They must be examined in the common 
branches. 

(2) They must be between the ages of fourteen 
and seventeen years. 

(3) They must be sound, robust, and of good con- 
stitution. 

134. What do they do after being graduated ? 

When graduated they are commissioned as en- 
signs in the navy, and rank according to merit. 

135. Does the Government require the services of all of the 
graduates ? 

Many of them are afterwards engaged in civil 
employment, and become foremost among well- 
educated and scientific men. 

136. How are the expenses of the Military and Naval Academies 
provided for? 

They are paid by the Government. The board 
and tuition of both cadets and midshipmen are 
free. 



A SCHOOL MAISTUAL OF THE 



137. Does the Government maintain any other institution for 
the promulgation of knowledge of naval and maritime 
affairs ? 

The Government also maintains a Naval Ob- 
servatory at Washington, District of Columbia. 

138. What is the object of this observatory? 

To promote a knowledge of nautical science and 
astronomy. 

139. Why are these studies prosecuted? 

Because the knowledge of astronomy is the only 
means by which the commander of a vessel out of 
sight of land can ascertain his exact position. 

140. Who makes the observations in the Naval Observatory? 

A corps of professors are appointed to watch the 
movements of the heavenly bodies, and to make 
such observations and experiments as will enable 
them to determine any unsettled questions in the 
science of navigation. These they publish for the 
use of our own seamen and all nations doing busi- 
ness on the deep. 

141. What must the Secretary of the Navy send to Congress 
every year? 

The Secretary of the Navy must every year send 



UNITED STATES GOVERNMENT. 67 

to Congress a report containing the condition of his 
department, the manner and the amount of all ex- 
penditures, furnish estimates for the expenses of the 
following year, and give such advice in regard to 
the naval interests of the country as his intimate 
knowledge of that branch of the service may suggest. 

142. What is the fifth department of the Cabinet ? 
The Department of the Interior. 

143. Who is at its head ? 

The Secretary of the Interior.. 

144. What are his duties ? 

(1) He has supervision over the accounts 
of the marshals, clerks, and other officers of 
the United States. 

(2) He has charge of the office of Commis- 
sioner of Indian Affairs. 

(3) He is Commissioner of Pensions. 

145. What is a pension ? 

A pension is a sum of money paid every 



68 A SCHOOL MANUAL OF THE 

year by the Government to a person for past 
civil or militarv services. 

(4) He has charge of the Census Bureau. 

146. What is taking the Census? 

Taking the census is enumerating the population 
of any place. 

147. What is the object of taking the census ? 

(1) To ascertain the growth of the country. 

(2) It is the only means of determining how 
many representatives in congress each State may 
send. 

148. When does the constitution require a census to be taken? 

Once every ten years. 

149 Who takes the census? 

The United States Marshals and numerous assist- 
ants, one of whom is required to call at every house 
and take the number of its inmates ; this report is 
returned to the Secretary of the Interior who makes 
his report and returns it to Congress. 

(5) The Secretary of the Interior has supervision 
over all mines belonging to the United States. He 



UNITED STATES GOVERNMENT. 69 

is also Commissioner of Public Buildings, and has 
control over the Board of Inspectors and Warden 
of the Penitentiary in the District of Columbia. 

150. What other Government Bureau conies under this de- 
partment? 

Tlie Land Survey, which fixes the boundaries of 
public lands. 

Population of the United States, 
1790 - 1890. 

Population of the United States in 1790, 3,929,827 
Population of the United States in 1800, 5,305,987 
Population of the United States in 1810, 7,239,814 
Population of the United States in 1820, 9,638,131 
Population of the United States in 1830, 12,866,020 
Population of the United States in 1840, 17,069,453 
Population of the United States in 1850, 23,191,876 
Population of the United States in 1860, 31,747,514 
Population of the United States in 1870, 38,925,598 
Population of the United States in 1880, 52,437,192 
Population of the United States in 1890, 62,622,250 



70 A SCHOOL MAKUAL OF THE 

151. Who is the sixth member of the Cabinet ? 
The Postmaster-General. 

152. What is his business ? 

He is the head of the Post- Office Depart- 
ment of the United States. 

153. How many assistants has he? 

Three. 

154. What has the Postmaster-General in his keeping ? 

The Postmaster- General has in his keeping the 
seal of his office. 

155. To what must it be affixed? 

It must be affixed to the commission of every 
postmaster in the United States, and to all copies of 
papers and documents that may be wanted from his 
office. 

156. What authority has he ? 

He has the entire direction and management of 
the Post-Office Department, and the appointment of 
all local postmasters whose salaries are less than 
$1,000.00. 

157. By whom are all others appointed? 

By the President and Senate. 



UNITED STATES GOVERNMENT. 71 

158. Into how many divisions is this department divided? 

Into three divisions. 

V 

159. What is the first division? 

The Appointment Office. 

160. What does this include? 

The Appointment Office includes : (1) The divis- 
ions of appointments ; (2) bonds given by post- 
masters, agents and clerks ; (3) salaries and allow- 
ances, where they are not provided by law ; (4) free 
delivery in cities. 

161. Who has charge of this office? 

The First Assistant Postmaster-General. 

162. What is the second division ? 

The Contract Office, where contracts are made for 
carrying the mail, and where the routes are regu- 
lated. 

163 Who is in charge of this oflice? 

The Second Assistant Postmaster-General. 

164. What is the third division? 

The Finance Office, which has charge of the entire 
cash receipts, transfers and disbursements of the 



72 A SCHOOL MANUAL OF THE 

department, postage stamps, stamped envelopes, 
dead letters, etc. 

165. Who has charge of this office? 

The Third Assistant Postmaster-General. 

166. What is the Money Order System? 

It is a plan of paying money in one office and re- 
ceiving an order, which can be sent to another per- 
son at another office, where the money will be paid. 

167. What is the Office of Foreign Mails? 

The Office of Foreign Mails has charge of all 
foreign postal arrangements and the supervision of 
the ocean mail service. 

168. Who is in charge of this office? 

A Superintendent. 

169. What are the four classes of mail matter? 

(1) Written matter or matter in sealed packages 
or envelopes. 

(2) Newspapers and magazines. 

(3) All other printed matter. 

(4) Merchandise. 



UNITED STATES GOVEEISTMEISTT. 73 

170. Who is the seventh member of the Cabinet ? 
The Attorney-General. 

171. What are his qualifications ? 

He is a legal adviser, and must be of emi- 
nent ability and extensive legal knowledge to 
give instruction and counsel on various lines 
of action contemplated by the Government, 
and of the lawful course to be taken. 

172. What is his duty ? 

He has charge of all Government suits re- 
quired to be instituted or defended. 

173. How is he aided? 

He has an assistant and various clerks. 

174. Of what is he the superintendent? 

He is the superintendent of all the attorneys and 
marshals in all the judicial districts of the United 
States. 

175. What are United States Marshals? 

United States Marshals are ministerial officers of 
the United States Courts. 



74 A SCHOOL MAKUAL OF THE 

176. What art their duties? 

(1) It is the duty of every United States Marshal 
to attend the sittings of the United States District 
Court, and those of the United States Circuit Courts 
when they sit in his district. 

(2) It is their duty to serve all writs and precepts 
coming from the United States Courts whether of a 
civil or criminal character. 

(3) To execute the judgments and decrees of the 
United States Courts. 

(4) They have the custody of all vessels and 
goods seized by any officer of revenue. 

(5) They summon and pay jurors and witnesses, 
in behalf of any prisoner to be tried for a capital 
offense under the laws of the United States. 

(6) They superintend and direct, through deputies, 
the enumeration of the people. 

177. How are they paid? 

Their compensation consists of fees instead of a 
salary, and depends upon the amount of business 
they have to transact. If it amounts to more than 
$6,000 per year, they must pay the surplus to the 
United States Treasurer. 



UNITED STATES GOVEKNMENT. 75 

178. How many judicial districts are there? 

Fifty-nine, and each one has a Marshal. Every 
State forms at least one district, while the larger 
States are divided into two or three. 

179. Who is the eighth member of the Cabinet? 

The Secretary of Agriculture. 

180. What is his duty? 

To look after the agricultural interests of 
the United States. 

181. When and by whom was the Department of Agriculture 
established ? 

The Department of Agriculture (formerly a bureau, 

created in 1862) has been recently enlarged into a 

department, the head of which is a member of the 

President's Cabinet. 

182. By whom is the Secretary of Agriculture appointed? 

By the President and Senate. 

183. What is the object of this department? 

(1) To watch the agricultural interests of this 
country, and give to the people information concern- 
ing agriculture. 

(2) To test the growth of untried plants in this 
country. 



A SCHOOL MANUAL OF THE 




AGRICULTCEAL BUILDING, WASHINGTON, D. C. 



UNITED STATES GOVERNMENT. 77 

(3) To spread practical knowledge of agriculture. 

184. Where do they conduct their experiments? 

A propagating garden and grounds are provided 
at Washington, District of Columbia, for their ex- 
periments. 

185. Who are employed in this department? 

Skillful chemists and naturalists are constantly 
employed to gain information. 

186. What subjects do they investigate? 

They investigate: 

(1) The character of soils. 

(2) The influences of climate. 

(3) The best systems of farming. 

(4) The diseases of animals and plants. 

(5) The methods of preserving crops from insects. 

187. To whom does the Secretary of Agriculture report? 

He reports annually to Congress. 

188. How may any one obtain this report? 

Any person may obtain this report and also a 
small amount of any seed he wishes to try, by writ- 
ing to the Secretary of Agriculture, Washington, 
District of Columbia. 



78 A SCHOOL MANUAL OF THE 

189. What is the business of the Meteorological Bureau? 
The Meteorological Bureau is for the purpose of 

making observations as to the atmospherical changes 
and their effects on the weather. 

190. Where are these observations made? 

There are, in the United States, two hundred 
places where observations are made and reports 
sent to Washington three times a day, at the same 
hour. 

191. What is done with these reports at Washington? 

The Observatory at Washington sends reports 
over the United States, with information in regard 
to the weather to be expected. 

192. Where are the offices of all Cabinet officers ? 

In Washington, District of Columbia. 

193. By whom are they appointed ? 

They are all appointed by the President 
and confirmed by the Senate. 

194. May they be removed ? 

The President may remove any of them. 

195. What is the salary of each Cabinet Officer ? 

The Vice-President and each Cabinet officer 
receives $8,000 a vear. 



UNITED STATES GOVERNMENT. 79 

CHAPTER IV. 

The Judicial Department. 

i. What is the object of the Judicial Department? 
The object of the Judicial Department is 
to interpret the constitution and laws, to 
decide controversies, to try offenders and to 
pronounce sentence on them, to enforce rights 
and redress wrongs. 

2. In what shall the judicial power of the United 

States be vested ? 

The judicial power of the United States 
shall be vested in one Supreme Court, and in 
such inferior courts as Congress may from 
time to time ordain and establish. 

3. How long do the judges of the courts hold 

office? 

The judges, both of the supreme and in- 
ferior courts, hold office during life and good 
behavior. 

4. May their salaries be changed during their term 

of office ? 

They shall at stated times, receive for their 



80 A SCHOOL MANUAL OF THE 

services a compensation, which shall not be 
diminished during their continuance in office. 

5. How far shall the judicial power extend ? 

(1) The judicial power shall extend to all 
cases in law and equity arising under this 
constitution, the laws of the United States, 
and treaties made, or which shall be made, 
under their authority. 

(2) To all cases affecting ambassadors, other 
public ministers and consuls. 

(3) To all cases of admiralty and maritime 
jurisdiction. 

(4) To controversies to which the United 
States shall be a party. 

(5) To controversies between two or more 
States. 

(6) Between a State and citizens of an- 
other State. 

(7) Between citizens of different States. 



UNITED STATES GOVERNMENT. 81 

(8) Between citizens of the same State, 
claiming lands under grants of different 
States. 

(9) Between a State or the citizens thereof 
and foreign States, citizens or subjects. 

6. What is equity ? 

Equity is natural justice in contra-distinc- 
tion to strict law. 

7. What is original jurisdiction ? 

Original jurisdiction is the power which a 
court has to take primary cognizance of a 
legal controversy. 

8. In what cases shall the Supreme Court have 

original jurisdiction? 

In all cases affecting ambassadors, other 
public ministers and consuls and those in 
which a State shall be party the Supreme 
Court shall have original jurisdiction. 

9. What is appellate jurisdiction ? 

Appellate jurisdiction is the jurisdiction 



82 A SCHOOL MANUAL OF THE 

which a Supreme Court has to rehear causes 
which have been tried in inferior courts. 

10. In what cases lias the Supreme Court appellate 

jurisdiction I 

The Supreme Court has appellate jurisdic- 
tion in all the other cases before mentioned. 

11. What is the Supreme Court \ 

The Supreme Court is a court of superior 
jurisdiction in the United States. 

12. How are all crimes, except impeachment, tried? 
The trial of all crimes, except in cases of 

impeachment, shall be by jury. 

13. When shall such trial be held \ 

Such trials shall be held in the State where 
the said crimes shall have been committed. 
When the crime was not committed in any 
State, the trial shall be held at such place or 
places as the congress may. by law. have 
directed. 

14. When shall a person be convicted of treason ? 
No person shall be convicted of treason un- 



UNITED STATES GOVERNMENT. 83 

less on the testimony of two witnesses to the 
same overt act, or on confession in open 
court. 

15. Who has the power to punish treason ? 

The congress shall have power to declare 
the punishment of treason. 

16. How long shall an attainder of treason be in 

effect I 

No attainder of treason shall work corrup- 
tion of blood, except during the life of the 
person attainted. 

17. What is the effect of attainder ? 

The effect of attainder upon a felon is that 
all his estate, real and personal, is forfeited: 
that his blood is corrupted, and so nothing 
passes by inheritance to, from, or through 
him. 



84 A SCHOOL MANUAL OF THE 

CHAPTER V. 

Articles and Amendments to the 

Constitution. 

ARTICLE IV. 

1. What is the law in each State in regard to the 

judicial proceedings of every other State ? 

Full faith and credit shall be given in each 
State to the public acts and records and 
judicial proceedings of every other State. 

2. What does this mean ? 

Each State shall trust every other State, 
and respect the general laws of every other 
State. 

3. What privileges have the citizens of each State 

in every other State ? 

The citizens of each State shall be entitled 
to all privileges of citizens in the several 
States. 

4. What does this mean ? 

It means that a citizen of one State in the 
United States is a citizen of all. 



raiTED STATES GOVERNMENT. 85 

5. Can a person charged with, crime escape by 

fleeing into another State ? 

A person charged in any State with treason, 
felony, or other crime, who shall flee from 
justice and be found in another State, shall, 
on demand of the executive authority of the 
State from which he fled, be delivered up, to 
be removed to the State having jurisdiction 
of the crime. 

6. What is this process called ? 
Being returned on a requisition. 

7. What is a requisition ? 

The demand upon the Governor of a State 
to which a person charged with a crime has 
fled, made by the Governor of the State in 
which the crime was committed, for his return 
for trial is called a requisition. 

8. What is a criminal? 

A criminal is a person who has been con- 
victed of crime. 



86 A SCHOOL MANUAL OF THE 

9. By. what authority may new States be admitted 

to the Union ? 
New States may be admitted by the con- 
gress into this Union. 

10. Where may new States not be formed ? 

No new State shall be formed or erected 
within the jurisdiction of any other State, 
nor any State be formed by the junction of 
two or more States or parts of States, without 
the consent of the legislatures of the States 
concerned, as well as of the congress. 

11. What power has Congress over the territory 

and property belonging to the United States ? 
The congress shall have power to dispose of 
and make ail needful rules and regulations 
respecting the territory or other property be- 
longing to the United States. 

12. What does the United States guarantee to every 

State i 

The United States shall guarantee to every 
State in this Union a republican form of gov- 
ernment. 



UNITED STATES GOVEKJSTMEOT. 87 

13. When must the United States protect the States ? 
The United States shall protect each of the 

States against invasions, and on application 
of the legislature, or of the Executive, against 
domestic violence. 

AETICLE V. 

14. How can the Constitution be amended ? 

(1) The congress, whenever two-thirds of 
both houses shall deem it necessary, shall pro- 
pose amendments to this constitution. 

(2) On application of the legislatures of 
two-thirds of the several States, the congress 
shall call a convention for proposing amend- 
ments. 

15. When are the amendments valid ? 

(1) "When ratified by the legislatures in 
three-fourths of the several States. 

(2) When ratified by conventions in three- 
fourths of the several States, as the one or the 
other mode of ratification may be proposed 
by congress; provided, that no State shall, 



88 A SCHOOL MANUAL OF THE 

without its consent, be deprived of its equal 
suffrage in the Senate. 

ARTICLE VI. 

16. What is the supreme law of the land? 

This Constitution, and the laws of the 
United States which shall be made in pur- 
suance thereof, and all treaties made or which 
shall be made under the authority of the 
United States, shall be the supreme law of the 
land. 

17. Who are required to take oath or affirmation to 

support the Constitution of the United States ? 

The Senators and Representatives before 
mentioned, and the members of the several 
State Legislatures, and all executive and judi- 
cial officers, both of the United States and of 
the several States, shall be bound by oath or 
affirmation to support this Constitution. 

18. Can a religious test be exacted ? 

No religious test shall ever be required as 
a qualification to any office or public trust 
under the United States. 



UNITED STATES GOVERNMENT. 89 

AMENDMENTS TO THE CONSTITUTION. 

19. What rights are secured to the people by the 

first amendment to the constitution ? 
Freedom of conscience, freedom of the 
press, and a right to peaceably assemble and 
petition the government for redress of wrongs. 

20. What is meant by freedom of conscience ? 
Freedom of conscience is the right of every 

person to entertain his own religious convic- 
tions. 

21. What is freedom of the press ? 

Freedom of the press is the right to print 
anything that does not interfere with the 
rights of others. 

22. What right does the second amendment confer? 
The right of the people to keep and bear 

arms. 

23. To what does this refer ? 

To the privilege of the people to defend 
their rights; individuals are not allowed to 
carry concealed weapons. 



90 A SCHOOL MAjSTUAL OP THE 

24. What is forbidden in the third amendment ? 

No soldier shall, in time of peace, be quar- 
tered in any house without the consent of 
the owner, nor in time of war but in a man- 
ner to be prescribed by law. 

25. What right is assured the people by the fourth 

amendment ? 

The right of the people to be secure in 
their persons, houses, papers, and effects, 
against unreasonable searches and seizures 
shall not be violated. 

26. What does this mean ? 

No private house shall be entered and 
searched unless upon the issue of a search- 
warrant by the proper authority. 

27. When only may warrants be issued ? 

No warrant shall issue except upon proba- 
ble cause, supported by oath or affirmation, 
and particularly describing the place to be 
searched and the person or things to be 
seized. 



UNITED STATES GOVERNMENT. 91 

28. When shall a person be held to answer for a 

capital crime ? 
No person shall be held to answer for a 
capital or otherwise infamous crime unless on 
a presentment or indictment of a grand jury. 

29. Are there any exceptions ? 

Except in cases arising in the land or na- 
val forces, or in the militia, when in time of 
war and public danger. 

30. Shall any person be twice liable for the same 

offense ? 
No person shall be subject for the same 
offense to be twice put in jeopardy of life or 
limb. 

31. Can any one be compelled to witness against 

himself ? 
No one shall be compelled in any criminal 
case to be a witness against himself, nor to be 
deprived of life, liberty, or property, without 
due process of law. 

32. May private property be taken for public use ? 
No private property shall be taken for 

public use without just compensation. 



92 A SCHOOL MAXUAL OF THE 

33. What rights has an accused person ? 

(1) In all criminal prosecutions the accused 
shall enjoy the right to a speedy and public 
trial by an impartial jury of the State and 
district wherein the crime shall have been 
committed. 

(2) He shall be informed of the nature and 
cause of the accusation. 

(3) He shall be confronted with the wit- 
nesses against him. 

(4) He shall have compulsory process for 
obtaining witnesses in his power. 

(5) He shall have the assistance of counsel 
for his defense. 

34. What causes may be tiled by a jury ? 

In suits at common law, where the value in 
controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved, and 
no fact tried by a jury shall be otherwise re- 
examined in any court of the United States 



UNITED STATES GOVERNMENT. 93 

than according to the rules of common law. 

35. What is a jury ? 

A jury is a body of men selected and sworn 
to inquire into any matter of fact, and to 
declare the truth of it on the evidence given 
them. 

36. How many kinds of juries are there ? 

Two ; the Grand Jury and the Petit Jury. 

37. When does a grand jury act ? 

A grand jury acts only in criminal cases. 

38. Where does a grand jury sit 2 

A grand jury sits alone, not in the pres- 
ence of the court, and deliberates upon such 
matters of criminal character as it possesses 
knowledge of. 

39. What is the result of their deliberations ? 

If, upon such evidence as they have, they 
find that a great crime has been committed, 
or that they have good reason to believe so, 



94 A SCHOOL MANUAL OF THE 

and that it has been perpetrated by some 
person specified, they report their finding to 
the court. 

40. What is this finding called ? 
An indictment. 

41. What is the result of this act i 

The person indicted is held for trial for the 
crime. 

42. When does a petit jury act. 

A petit jury acts in both civil and crimi- 
nal cases. 

43. Where does the petit jury sit ? 

The petit jury sits with the court; hears 
the arguments of counsel on both sides; the 
evidence of witnesses, and the charge of the 
judge. 

44. What do they then do % 

They then withdraw and deliberate alone 
upon the case. 



UNITED STATES GOVERNMENT. 95 

45. What is their finding called i 
A verdict. 

46. What is the result of this action ? 

The jury find a verdict according to the 
law and evidence. 

47. Is there any restriction in regard to bail and 

fines ? 
Excessive bails shall not be required, nor 
excessive fines imposed, nor cruel or unusual 
punishment inflicted. 

48. What is bail? 

Admitting; to bail consists in the deliverv 
of a person to his sureties on their giving 
security for his appearance at the time and 
place of trial, there to surrender and take his 
trial. 

49. What is a fine ? 

A fine is pecuniary punishment imposed 
by a lawful tribunal upon a person convicted 
of crime or misdemeanor. 



96 A SCHOOL MANUAL OF THE 

50. What kinds of suits are brought in court ? 
Civil suits and criminal suits. 

51. "What is a civil suit ? 

A civil suit is a suit arising between cit- 
izens, the party bringing the suit being called 
the plaintiff, and the party against whom the 
suit is brought the defendant. 

52. What is a criminal suit ? 

A criminal suit is one in which the State 
is the plaintiff and the person accused of the 
crime or misdemeanor is the defendant. 

53. Who pays the costs in a civil suit ? 

The party who loses the case generally pays 
the costs. 

54. What business is transacted in the Probate 

Court? 

Settlement of estates and business in re- 
gard to wills and matters of guardianship. 

55. What court has jurisdiction in admiralty and 

maritime cases ? 

The Federal Court- 



UNITED STATES GOVERNMENT. 97 

56. What is a judgment ? 

A judgment is the decision or sentence 
of the law given by a court of justice, or 
other competent tribunal, as the result of pro- 
ceedings instituted therein for the redress of 
an injury. 

57. What is a lien ? 

A lien is a hold or claim which one person 
has upon the property of another as a security 
for some debt or charge. 

58. What is a mechanic's lien ? 

Mechanics have a lien on the buildings 
which they have constructed or repaired, 
which commences with the commencement of 
the work and continues a limited time. 

59. May slavery exist in the United States ? 
Neither slavery nor voluntary servitude 

shall exist in the United States or any place 
subject to their jurisdiction, except as pun- 
ishment for crime whereof the person shall 
have been convicted. 



98 A SCHOOL MANUAL OF THE 

60. Who are citizens of the United States ? 

All persons born or naturalized in the 
United States, and subject to the jurisdiction 
thereof, are citizens of the United States and 
of the State wherein they reside. 

61. Can any State abridge the privileges of the 

United States ? 

No State shall make or enforce any law 
which shall abridge the privileges or immuni- 
ties of the United States. 

62. Can any State take life or liberty without due 

process of law? 

No State shall deprive any person of life, 
liberty, or property, without due process of 
law, nor deny to any person within its juris- 
diction the equal protection of the laws. 

63. What persons are disqualified from holding 

office under the United States ? 

No person shall hold any office, civil or 
military under the United States or under 
any State, who, having previously taken oath 
as an offioer of the United States to support 



UNITED STATES GOVERNMENT. 99 

the Constitution of the United States, shall 
have engaged in rebellion against the same, 
or given aid of comfort to the enemies 
thereof. 

64. Can this disability be removed ? 

Congress may, by a vote of two-thirds of 
each house, remove this disability. 

65. What United States debts are valid ? 
Those authorized by law. 

66. Shall the rights of citizens of the United States 

ever be denied ? 

The right of citizens of the United States 
to vote shall not be denied or abridged by the 
United States or by any State on account of 
race, color or previous condition of servitude. 



100 A SCHOOL MANUAL OF THE 

CHAPER VI. 

Government of the State, County, Etc. 

THE STATE. 

1. What is a State ? 

A State is a political organization of people 
possessing sovereign power, except where the 
power is delegated to the United States. 

2. Is the word " State " otherwise applied ? 

The territory over which such sovereign 
power has jurisdiction is generally called a 
State — as, the State of Missouri; the State of 
New York. 

3. Are States recognized by foreign powers ? 
States, individually, are not recognized by 

foreign powers. 

4. How are States governed ? 

The government of each State is similar to 
that of the United States, each having its 
own constitution and laws. 



UNITED STATES GOVERNMENT. 101 

5. How is the State government divided ? 

Into three branches — the legislative, the 
executive, and the judicial. 

6. Of what does the legislative branch consist ? 
Of a Senate and House of Representatives. 

7. How are State Senators and State Representa- 

tives elected ? 

By the people. 

8. Who are the executive officers of a State ? 
The Governor, Lieutenant-Governor, Sec- 
retary of State, State Auditor, State Treasurer, 
Attorney-General, Superintendent of Public 
Schools, etc. 

9. What are the duties of the Governor ? 

The Governor shall see that the laws are 
faithfully executed throughout the State. 

10. When shall the Governor be commander-in- 

chief of the State militia ? 

At all times, except when they shall be 
called into the service of the United States. 



102 A SCHOOL MAHUAL OF THE 

11. When may the Governor call out tlie militia? 
To execute the laws, suppress insurrections, 

and repel invasions. 

12. When must he command in person ? 

He need not command in person, unless so 
directed by the State Legislature. 

13. What powers has the Governor ? 

The Governor shall have power to grant 
reprieves, commutations and pardons after 
conviction for all offenses, except treason and 
cases of impeachment. 

14. What is the Governor's duty to the State 

Legislature ? 

The Governor shall give to the State Legis- 
lature information in regard to the condition 
of the State. 

15. What appointments may the Governor make ? 
When a vacancy occurs in an office, the 

Governor may appoint a person to fill it for 
the unexpired term, unless otherwise provided 
by law. 



UNITED STATES GOVEKlSTMEtfT. 103 

16. What veto power has the Governor ? 

The Governor has the same power in sign- 
ing or vetoing bills in State matters as the 
President has in United States matters. 

17. What office has the Lieutenant-Governor? 
The Lieutenant-Governor shall be President 

of the State Senate. 

18. In case the office of Govornor is vacant, who 

shall fill his place ? 

The Lieutenant-Governor shall then be 
Governor for the residue of the term. 

19. What is the duty of the State Secretary ? 

The State Secretary shall be the custodian ' 
of the seal of the State, and affix it to all 
official acts of the Governor, excepting his 
approval of laws. 

20. What further duty has the State Secretary ? 
The State Secretary shall keep a register of 

the official acts of the Governor. 



104 A SCHOOL MAKUAL OF THE 

21. What is the duty of the State Auditor ? 

The duty of the State Auditor is to examine 
the accounts of officers who have received 
and disbursed public moneys by lawful 
authority. 

22. What is the duty of the State Treasurer ? 

The State Treasurer shall deposit all moneys 
in the State Treasury belonging to the- State 
in such banks as he may select, with the ap- 
proval of the Governor and the Attorney- 
General. 

23. What accounts must he publish ? 

The Treasurer shall keep a separate account 
of the State funds, and shall publish quar- 
terly statements showing the amount and 
place of deposit of the State funds. 

24. What moneys shall he disburse ? 

The State Treasurer shall, upon warrants 
drawn by the State Auditor, disburse the 
interest and profits of the State funds ac- 
cording to law, for the service of the State. 



UNITED STATES GOVERNMENT. 105 

25. What is the duty of the Attorney- General? 
The duty of the Attorney-General is to 

look after the legal interests of the State. 

26. What is the duty of the Superintendent of 

Public Schools ? 

It is the duty of the State Superintendent 
of Public Schools to have general oversight 
and direction of all the public schools in the 
State. 

27. What duties does this include ? 

He has to collect official information con- 
cerning the condition of the schools through- 
out the State. 

28. How does he do this ? 

The officers of the various school districts 
make reports, which they send to the County 
Superintendent. From these reports the 
County Superintendent makes his report for 
the State Superintendent. The State Super- 
intendent then makes a report for the State 
Legislature, from which the law-makers are 
informed of the needs of the schools. 



106 A SCHOOL MANUAL OF THE 

29. What further duty has the State Superin- 

tendent in regard to the legislature ? 

It is his duty to suggest to the legislature 
ways of improving the school laws. 

30. What duties of a judicial nature belong to the 

office of the State Superintendent ? 

He gives instructions to local officers in 
reference to the administration of school laws, 
and he sometimes settles disputes in regard 
to the school laws without the contending 
parties resorting to the courts. 

31. The Public Schools are under what control ? 
Under control of the government. 

The Continental Congress, in 1787, took action in 
regard to this matter, enacting that the means of 
education should be encouraged. 

32. What steps did it take to further education? 

The congress of the United States later set apart 
the sixteenth section of every congressional town- 
ship of land for the support of public schools. This 
appropriation was only in the North until 1865. 



UNITED STATES GOVERNMENT. 107 

33. How large is a township? 

A township is six miles square. 

34. Under whose immediate direction are public schools? 

Under the direction of a school board composed 
of directors. 

35. How are schools supported? 

Schools are supported either by a State fund or 
by a tax levied and collected in the school district. 

36. Who has charge of the school money? 

Each school board has a treasurer who has charge 
of the money. 

37. What officer has charge of schools in cities and towns? 

The City Superintendent. 

38. What are his duties? 

It is the duty of a City Superintendent to grade the 
schools, plan the work, and find and introduce the 
best methods of teaching. 

39. What are the classes of public schools? 

Grammar or District Schools, High and Normal 
Schools. 

40. Are there any other public schools? 

In many States there are State Universities. 



108 A SCHOOL MANUAL OF TH£ 

41. How were they founded? 

In most Western States they were founded by a 
grant of land from the Government. 

42. Who elects all the executive officers of a State? 

The people. 

43. Of what does the judicial department of the 

State consist? 

Of Supreme and Inferior Courts. 

44. Over what cases have the States absolute 

control ? 

State governments have absolute control 
over: (1) public education; (2) public health; 
(3) public morals ; (4) the detection and pun- 
ishment of crimes; (5) the care of local in- 
terests and industries. 

45. Over what cases has a State no control ? 

A State cannot: (1) make treaties with 
foreign powers; (2) declare war; (3) raise 
revenue by duties on imports; (4) control the 
postal service ; (5) control matters pertaining 
to other States; (6) coin money. 



UNITED STATES GOVERNMENT. 109 

46. What are the subdivisions of a State ? 

States are subdivided into counties, cities 
and towns. 

47. What is a county ? 

A county is a political subdivision of a 
State, organized for the administration of 
local affairs. 

This is true, except as to the City of St. Louis, 
which is not a county, but is a separate municipal 
organization, holding the same relation to the State 
of Missouri as any county. 

48. What are counties obliged to maintain ? 

Suitable court houses, jails, and buildings for the 
registry and preservation of deeds, wills, and court 
records. 

49. What is the place in which these buildings are situated 

called ? 

The county-seat. 

50. Who are the chief county officers? 

Commissioners and Assessors, a Treasurer, a Re- 
corder of Deeds, a Sheriff and a Coroner. 



110 A SCHOOL MANUAL OF THE 

51. What are the duties of Commissioners? 

It is the duty of a Commissioner to erect and re- 
pair county buildings and care for county property 
and take charge of houses of correction and appor- 
tion county taxes. 

52. Under what authority are roads established? 
Counties and townships locate roads under the 

authority derived from the State. 

(There are also post-roads established by con- 
gress, and roads established by States. 

53. How are the expenses of road building paid? 

By tax-payers ; in farming districts it is sometimes 
partly paid in labor; in cities it is in the hands of 
the corporation. 

5-4. Who has general oversight of roads? 

The Road Supervisor. 

55. Where is the land for roads obtained? 

Besides pubic lands, the government, by giving 
just compensation, may take private property. 

56. What is the object of the poor-house or county-house ? 

To provide maintenance for those who are unable 
to support themselves, and whose relations are not 
sufficiently near to be compelled by law to support 
them. 



UNITED STATES GOVERNMENT. Ill 

57. What is the duty of the County Treasurer? 

To receive and pay out all moneys belonging to 
the county. 

58. What is the duty of the Recorder of Deeds. 

To receive and record all written public docu- 
ments and also written instruments affecting lands 
or other property. 

59. What is the duty of the Sheriff? 

(1) It is the Sheriff's duty to preserve the peace of 
the county. 

(2) He shall arrest and commit to prison all per- 
sons breaking the peace. 

(3) He is bound to pursue and capture criminals. 

(4) He has the safe keeping of county jails and 
is responsible for the custody of prisoners. 

(5) The sheriff must see that the sentence of the 
court is carried into execution. 

(6) He serves all writs and processes issued by 
any of the courts of record and is the ministerial 
officer of such courts. 

(7) He summons juries. 



112 A SCHOOL MANUAL OF THE 

60. What is the duty of the Coroner? 

Tlie Coroner's duty is to hold inquisition, with the 
assistance of a jury, over the body of any person 
who has died a violent death or who has died in 
prison. He also perforins the sheriff's duties in case 
there is no sheriff or the sheriff cannot act. 

61. "What is a town ? 

A town is a body corporate occupying a 
definite portion of territory, and exercising 
local jurisdiction under the control of the 
State. 

62. What is a city I 

A city is a larger political incorporation of 
the same character as a town, differing merely 
in size. 

33. Who are the chief officers in a city ? 

The Mayor, Councihnen, City Solicitor, 
Surveyors, Inspectors, Police Judges, and a 
Marshal. 

64. What is the duty of the Mayor ? 

To see that the laws of the city are en- 



UNITED STATES GOVERNMENT. 113 

forced, and to supervise the conduct of the 
subordinate officers. 

65. What is the duty of the councilmen? 

To make laws for the government of the 
city. 

OWNERSHIP OF PROPERTY. 

66. How may a title to property be acquired? 

In three ways : (1) by descent, (2) by purchase, 
(3) by will. 

67. What is possession by descent? 

Descent or hereditary possession is the title where- 
by a person on the death of his ancestor, acquires 
his estate by right of representation as his heir. 

68. What is a will? 

A will is written disposition of one's property to 
take effect after death. 



114 A SCHOOL MANUAL OF THE 

CHAPTER VII. 

Criminal Law. 

In a community there are always people who are 
law-abiding and people who are not. Government is 
organized for the purpose of promoting the industry 
and prosperity, the uniformity and harmony of a 
nation, and grows out of the very relation of men 
to each other. But, as in all ages and climes there 
are persons who are disposed to wrong-doing, it is 
necessary to make laws to compel them to respect 
the rights of others. Such law is called Criminal 
Law. 

1. What is Criminal Law ? 

Criminal Law is that branch of Juris- 
prudence which treats of crimes and offenses. 

2. What is a crime ? 

A crime is a wrong directly or indirectly 
affecting the public. 

3. How are crimes divided ? 

Crimes are divided into felonies and mis- 
demeanors. 



UNITED STATES GOVERNMENT. 115 

4. What is a felony ? 

A felony is a crime punishable on convic- 
tion with death or imprisonment in the pen- 
itentiary. 

5. What is a misdemeanor? 

A misdemeanor is an offense less than a 
felony. 

6. Who institutes procedure against a criminal? 

Procedure against a criminal is instituted 
by the State in which the crime is committed. 

7. What are the elements of crime ? 

To constitute a crime there must be: (1) 
an act; (2) a criminal intent or (3) criminal 
negligence. 

8. What determines the criminality of an act? 
The intent. 

9. How is the failure to do an act of duty regarded ? 
The failure to do an act of duty is as crim- 
inal as to commit a criminal act. 



116 A SCHOOL MANUAL OF THE 

10. Is an idiot considered capable of committing a 

crime ? 

An idiot is considered at law incapable of 
committing crime. 

11. Is any one blamed for the result of an accident ? 
Where accidental mischief results from the 

proper performance of a lawful act, the party 
committing it is excused from all guilt; but 
if in the performance of an act which is 
morally wrong, it is otherwise. 

12. Is ignorance of law an excuse ? 
Ignorance of law is no excuse for the com- 
mission of crime. 

13. How is ignorance of the law regarded ? 
Ignorance of the law, after promulgation of 

the statute by publication, is criminal negli- 
gence. 

14. Is a person considered guilty when employed 

by another to do a crime ? 

Where a person employs another to do an 
unlawful act the act becomes his own and he 
is liable; but both are guilty. 



UNITED STATES GOVERNMENT. 117 

15. Is drunkenness any excuse for crime ? 

Voluntary drunkenness is no excuse for 
crime, even when it is so extreme that the 
person is unconscious of what he is doing. 

16. What effect has insanity on crime ? 

To be responsible for crime the party com- 
mitting the act must be of sound mind. 

17. How are crimes classified according to the na- 

ture of the offense ? 

(1) Acts Affecting the Sovereignty of the 
State — As treason, misprision of treason high 
crimes and misdemeanors. 

18. What is a misprision of treason? 

Misprision of treason is having knowledge 
that treason has been committed or is about 
to be committed, and concealing such knowl- 
edge. 

(2) Acts Affecting the Persons and Lives 
of Individuals — As assault and battery, false 
imprisonment, kidnaping, robbery, murder, 
manslaughter. 



118 A SCHOOL MAKUAL OF THE 

19. What is assault? 

Assault is any wrongful physical violence 
inflicted on a human being without his con- 
sent, without affecting life. 

20. What is false imprisonment ? 

False imprisonment is any unlawful re- 
straint of one's liberty. 

21. What is kidnaping ? 

Kidnaping is the forcible abduction of a 
man, woman, or child. 

22. What is robbery ? 

Robbery is the felonious and forcible taking 
from the person of another, goods or money, 
by violence or by putting him in fear. 

23. What is murder ? 

Murder is the willful killing of any person 
with malice aforethought. 

24. What is manslaughter ? 

Manslaughter is the unlawful killing of an- 



UNITED STATES GOVERNMENT. 119 

other without malice, either expressed or im- 
plied. 

(3) Acts Affecting Property — As burning 
public property, destroying public property, 
injuries to public property. 

(4) Acts Affecting Private Property — As 
arson, burglary, embezzlement, larceny, ob- 
taining goods by false pretenses. 

25. What is arson ? 

Arson is the malicious burning of another's 
house. 

26. What is burglary ? 

Burglary is the breaking and entering the 
house of another in the night time with the 
intent to commit a felony. 

27. What is larceny ? 

Larceny is the fraudulent taking and car- 
rying away of the personal goods of an- 
other. 



120 A SCHOOL MANUAL OF THE 

28. What is obtaining goods by false pretenses ? 
Obtaining goods by false pretenses is ob- 
taining goods by a willful misrepresentation 
of a fact upon which a person relies and is 
thereby induced to part with his property. 

(5) Acts Affecting the Public or Individu- 
als or their Property — As conspiracies. 

29. What is a conspiracy ? 

A conspiracy is a combination of two or 
more persons to accomplish some criminal 
purpose, or some lawful purpose by criminal 
means. 

(6) Acts Affecting Public Property — As 
gambling, lotteries, nuisances, violating or ob- 
structing the right of suffrage, destroying 
game or fish. 

30. What is gambling ? 

Gambling is an understanding between two 
or more persons by which they agree to play 
by certain rules at cards, or dice, or other 
contrivance, and that one shall be winner and 
the other loser, 



UNITED STATES GOVERNMENT 121 

31. What is a lottery ? 

A lottery is a scheme for the distribution 
of prizes by chance. 

32. What is nuisance ? 

Nuisance is anything that unlawfully 
works hurt, inconvenience or damage to the 
public, or especial injury to an individual. 

(7) Acts Affecting the Currency and Pub- 
lic axd Private Securities — As counterfeiting, 
passing counterfeit money, circulating false 
currency. 

33. What is counterfeiting? 
Counterfeiting is making false money. 

(8) Acts Affecting the Public Peace and Se- 
curity — As breach of the peace, challenging 
to fight a duel, libel, riot, unlawful assembly. 

34. What is libel? 

Libel is a malicious defamation of charac- 
ter expressed either in printing or writing. 



122 A SCHOOL MANUAL OF THE 

35. What is a riot ? 

A riot is a tumultuous disturbance of the 
peace by three persons or more. 

(9) Acts Affecting Public Justice — As 
bribery, contempt of court, destroying pub- 
lic records, escape, extortion, jail-breach, 
maintenance, misprision of felony, obstruct- 
ing legal process, oppression, perjury, resist- 
ance of an officer, suppression of evidence. 

36. What is bribery ? 

Bribery is the voluntary giving or receiving 
of anything of value in corrupt payment for 
an official act done or to be done. 

37. "What is contempt of court ? 

Contempt of court is a willful disregard oi 
disobedience of the authority of court. 

38. "What is extortion ? 

Extortion is the unlawful taking by any 
officer of any money or thing of value that is 
not due him, or more than is due, or before it 
is due. 



UNITED STATES GOVERNMENT. 123 

39. What is maintenance ? 

Maintenance is the intermeddling of a 
stranger in a suit, for the purpose of stirring 
up strife and continuing the litigation. 

40. What is misprision of felony ? 

Misprision of felony is having knowledge 
that felony is about to be committed, or has 
been committed, and concealing such knowl- 
edge. 

41. What is perjury ? 

Perjury is a willful false oath by any one 
who is required to testify in any judicial pro- 
ceeding. 

42. What is an oath? 

An oath is an outward pledge given by the 
person taking it that his attestation or promise 
is made under an immediate sense of his re- 
sponsibility to God. 

(10) Acts Affecting Religion and Morality 
— As blasphemy, cruelty to animals, drunk- 



124 A SCHOOL MANUAL OF THE 

enness, profanity, promoting intemperance, 
Sabbath-breaking. 

43. What is blasphemy ? 

Blasphemy is speaking evil of the Deity. 

44. How are all these crimes punished ? 

By fines or imprisonment, according to the 
enormity of the crime. 

45. Why is punishment inflicted ? 
Punishment is inflicted as a precaution 

against future offenses. 

46. How is this object effected? 

In three ways: (1) By amendment of the 
offender himself; (2) by deterring others 
through his example; (3) by depriving the 
guilty party of the power to do future mis- 
chief. 

47. When does punishment begin ? 
Punishment for crime does not begin until 

after the criminal has been convicted and 
sentenced. 



UNITED STATES GOVER^MEISTT. 125 

48. What crimes are proscuted by indictment ? 

Any crime punishable by death or impris- 
onment in the penitentiary can be prosecuted 
by indictment only. 




126 



A SCHOOL MANUAL OF THE 




LIBERTY HALL, PHILADELPHIA, PA. 



UNITED STATES GOVERNMENT. 127 



Declaration of Independence. 



The following preamble and specifications, known 
as the Declaration of Independence, accompanied 
the resolution of Richard Henry Lee, which was 
adopted by Congress on the 2d day of July, 1776. 
This declaration was agreed to on the 4th, and the 
transaction is thus recorded in the Journal for that 
day: 

"Agreeably to the order of the day, the Congress 
resolved, itself into a committee of the whole, to take 
into their further consideration the Declaration ; 
and, after some time, the President resumed the 
chair, and Mr. Harrison reported that the committee 
have agreed to a Declaration, which they desired 
him to report. The Declaration being read, was 
agreed to as follows ;" 

A DECLARATION BY THE REPRESENTATIVES OF 

THE UNITED STATES OF AMERICA, IN 

CONGRESS ASSEMBLED. 

When, in the course of human events, it becomes 
necessary for one people to dissolve the political 
bands which have connected them with another, and 
assume, among the powers of the earth, the separate 



128 A SCHOOL MANUAL OF THE 

and equal station to which the laws of nature and 
nature's God entitle them, a decent respect to the 
opinion of mankind requires that they should de- 
clare the causes which impel them to the separa- 
tion. 

We hold these truths to be self-evident. — that all 
men are created equal ; that they are endowed by 
their Creator with certain inalienable rights ; that 
among these are life, liberty, and the pursuit of 
happiness. That, to secure these rights, govern- 
ments are instituted among men, deriving their just 
powers from the consent of the governed ; that, 
whenever any form of government becomes destruc- 
tive of these ends, it is the right of the people to 
alter or abolish it, and to institute a new govern- 
ment, laying its foundations on such principles, and 
organizing its powers in such form as to them shall 
seem most likely to effect their safety and happi- 
ness. Prudence, indeed, will dictate that govern- 
ments long established should not be changed for 
light and transient causes ; and, accordingly, all ex- 
perience hath shown that mankind are more disposed 
to suffer, while evils are sufferable, than to right 
themselves by abolishing the forms to which they 
are accustomed. But when a long train of abuses and 
usurpations, pursuing invariably the same object, 



UNITED STATES GOVERNMENT. 129 

evinces a design to reduce them under absolute des- 
potism, it is their right, it is their duty, to throw off 
such government, and to provide new guards for 
their future security. Such has been the patient 
sufferance of these colonies, and such is now the 
necessity which constrains them to alter their former 
systems of government. The history of the present 
King of Great Britain is a history of repeated in- 
juries and usurpations, all having in direct object 
the establishment of an absolute tyranny over these 
States. To prove this, let facts be submitted to a 
candid world. 

1. He has refused his assent to laws the most 
wholesome and necessary for the public good. 

2. He has forbidden his governors to pass laws 
of immediate and pressing importance, unless sus- 
pended in their operations till his assent should be 
obtained ; and, when so suspended, he has utterly 
neglected to attend to them. 

3. He has refused to pass other laws for the ac- 
commodation of large districts of people, unless 
those people would relinquish the right of repre- 
sentation in the Legislature — a right inestimable to 
them, and formidable to tyrants only. 

4. He has called together legislative bodies at 
places unusual, uncomfortable, and distant from the 



130 A SCHOOL MANUAL OF THE 

repository of their public records, for the sole pur- 
pose of fatiguing them into compliance with his 
measures. 

5. He has dissolved representative houses re- 
peatedly, for opposing, with manly firmness, his 
invasions on the rights of the people. 

6. He has refused, for a long time after such dis- 
solutions, to cause others to be elected, whereby the 
legislative powers, incapable of annihilation, have 
returned to the people at large for their exercise ; 
the State remaining, in the meantime, exposed to all 
the dangers of invasions from without, and convul- 
sions within. 

7. He has endeavored to prevent the population 
of these States; for that purpose obstructing the 
laws for the naturalization of foreigners ; refusing to 
pass others to encourage their migration hither, and 
raising the conditions of new appropriations of 
lands. 

8. He has obstructed the administration of jus- 
tice, by refusing his assent to laws for establishing 
judiciary powers. 

9. He has made judges dependent on his will 
alone for the tenure of their offices, and the amount 
and payment of their salaries. 



UNITED STATES GOVERNMENT. 131 

10. He has erected a multitude of new offices, 
and sent hither swarms of officers to harass our peo- 
ple and eat out their substance. 

11. He has kept among us in times of peace, 
standing armies, without the consent of our Legis- 
latures, 

12. He has affected to render the military inde- 
pendent of, and superior to, the civil power. 

13. He has combined with others to subject us to 
a jurisdiction foreign to our constitutions, and unac- 
knowledged by our laws ; giving his assent to their 
acts of pretended legislation ; 

14. For quartering large bodies of armed troops 
among us ; 

15. For protecting them, by a mock trial, from 
punishment for any murders which they should 
commit on the inhabitants of these States ; 

16. For cutting off our trade with all parts of the 
world ; 

17. For imposing taxes on us without our con- 
sent; 

18. For depriving us, in many cases, of the ben- 
efits of trial by jury ; 



132 A SCHOOL MANUAL OF THE 

19. For transporting us beyond seas, to be tried 
for pretended offenses ; 

20. For abolishing the free system of English 
laws in a neighboring province, establishing therein 
an arbitrary government, and enlarging its bound- 
aries, so as to render it at once an example and fit 
instrument for introducing the same absolute rule 
into these colonies ; 

21. For taking away our charters, abolishing our 
most valuable laws, and altering, fundamentally, the 
forms of our governments ; 

22. For suspending our own Legislatures, and 
declaring themselves invested with power to legis- 
late for us in all cases whatsoever. 

23. He has abdicated government here, by de- 
claring us out of his protection, and waging war 
against us. 

24. He has plundered our seas, ravaged our 
coasts, burned our towns, and destroyed the lives of 
our people. 

25. He is at this time transporting large armies 
of foreign mercenaries to complete the works of 
death, desolation and tyranny, already begun with 
circumstances of cruelty and perfidy scarcely par- 



UNITED STATES GOVERNMENT. 133 

alleled in the most barbarous ages, and totally un- 
worthy the head of a civilized nation. 

26. He has constrained our fellow-citizens, taken 
captive on the high seas, to bear arms against their 
friends and brethren, or to fall themselves by their 
hands. 

27. He has excited domestic insurrection among 
us, and has endeavored to bring on the inabitants of 
our frontiers the merciless Indian savages, whose 
known rule of warfare is an undistinguished destruc- 
tion of all ages, sexes, and conditions. 

In every stage of these oppressions we have peti- 
tioned for redress in the most humble terms; our 
repeated petitions have been answered only by re- 
peated injury. A prince whose character is thus 
marked by every act which may define a tyrant, is 
unfit to be the ruler of a free people. 

Nor have we been wanting in our attentions to 
our British brethren. We have warned them, from 
time to time, of attempts by their Legislature to ex- 
tend an unwarrantable jurisdiction over us. We 
have reminded them of the circumstances of our 
emigration and settlement here. We have appealed 
to their native justice and magnanimity, and we 
have conjured them, by the ties of our common 
kindred, to disavow these usurpations, which would 



134 A SCHOOL MANUAL OF THE 

inevitably interrupt our connections and corre- 
spondence. They, too, have been deaf to tlie voice of 
justice and consanguinity. We must, therefore, ac- 
quiesce in the necessity which denounces our separ- 
ation, and hold them, as we hold the rest of mankind, 
enemies in war, in peace friends. 

We, therefore, the representatives of the United 
States of America, in general Congress assembled, 
appealing to the Supreme Judge of the world for the 
rectitude of our intentions, do, in the name and by 
the authority of the good people of these colonies, 
solmenly publish and declare that these United 
Colonies are, and of right ought to be, free and 
independent States ; that they are absolved from 
all allegiance to the British crown, and that all politi- 
cal connections between them and the State of Great 
Britain, is, and of right ought to be, totally dis- 
solved; and that as free and independent States, 
they have full power to levy war, conclude peace, 
contract alliances, establish commerce, and do all 
other acts and things which independent States 
may of right do. And, for the support of this 
declaration, with a firm reliance on the protection 
of Divine Providence, we mutually pledge to each 
other, our lives, our fortunes, and our sacred honor. 

{Signed) John Hancock. 



TOTTED STATES GOVERNMENT. 135 



New Hampshire — Josiah Bartlett, Wm. Whipple, 
Matthew Thornton. 

Massachusetts Bay — Samuel Adams, John Adams, 
Robert Treat Paine, Elbridge Gerry. 

Rhode Island — Stephen Hopkins, William Ellery. 

Connecticut — Roger Sherman, Samuel Huntington, 
William Williams, Oliver Wolcott. 

New York — Wm. Floyd, Philip Livingston, Francis 
Lewis, Lewis Morris. 

New Jersey — Richard Stockton, John Witherspoon, 
Francis Hopkinson, John Hart, Abraham Clark. 

Pennsylvania — Robert Morris, Benjamin Rush, Ben- 
jamin Franklin, John Morton, George Clymer, James 
Smith, George Taylor, James Wilson, George Ross. 

Delaware — Cesar Rodney, Geo. Read, Thos. M'Kean. 

Maryland — Samuel Chase, William Paca, Thomas 
Stone, Charles Carroll, of Carrollton. 

Virginia — Geo. Wythe, Richard Henry Lee, Thomas 
Jefferson, Benjamin Harrison, Thomas Nelson, Jr., 
Francis Lightfoot Lee, Carter Braxton. 

North Carolina — William Hooper, Joseph Hewes 
John Penn. 

South Carolina — Edward Rutledge, Thomas Hey- 
ward, Jr., Thomas Lynch, Jr., Arthur Middleton. 

Georgia — Button Gwinnett, Lyman Hall, George 
Walton. 



136 A SCHOOL MANUAL OF THE 



Constitution of the United States. 



We, the people of the United States, in order to 
form a more perfect union, establish justice, insure 
domestic tranquility, provide for the common de- 
fense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the 
United States of America. 

AETICLE I. 

Section 1. All legislative powers herein granted 
shall be vested in a Congress of the United States, 
which shall consist of a Senate and House of Rep- 
resentatives. 

Sec. 2. The House of Representatives shall be 
composed of members chosen every second year by 
the people of the several States, and the electors in 
each State shall have the qualifications requisite for 
electors of the most numerous branch of the State 
Legislature. 

No person shall be a representative who shall not 
have attained to the age of twenty-five years, and 
been seven years a citizen of the United States, and 



UNITED STATES GOVERNMENT. 137 

who sliall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

Representatives and direct taxes shall be appor- 
tioned among the several States which may be in- 
cluded within this Union, according to their respect- 
ive numbers, which shall be determined by adding 
to the whole number of free persons, including those 
bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three 
years after the first meeting of the Congress of the 
United States, and within every subsequent term of 
ten years, in such manner as they shall by law 
direct. The number of representatives shall not 
exceed one for every thirty thousand, but each State 
shall have at least one representative; and until 
such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three ; Massa- 
chusetts, eight ; Rhode Island and Providence Plan- 
tations, one ; Connecticut, five ; New York, six ; New 
Jersey, four; Pennsylvania, eight; Delaware, one; 
Maryland, six ; Virginia, ten ; North Carolina, five ; 
South Carolina, five ; and Georgia, three. 

When vacancies happen in the representation 
from any State, the executive authority thereof 



138 A SCHOOL MANUAL OF THE 

shall issue writs of election to fill such vacancies. 

The House of Representatives shall choose their 
Speaker and other officers ; and shall have the sole 
power of impeachment. 

Sec. 3. The Senate of the United States shall be 
composed of two senators from each State, chosen 
by the Legislature thereof, for six years ; and each 
senator shall have one vote. 

Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided 
as equally as may be into three classes. The seats 
of senators of the first class shall be vacated at the 
expiration of the second year ; of the second class, 
at the expiration of the fourth year; and of the 
third class, at the expiration of the sixth year ; so 
that one-third may be chosen every second year; 
and if vacancies happen by resignation, or other- 
wise, during the recess of the Legislature of any 
State, the executive thereof may make temporary 
appointments until the next meeting of the Legis- 
lature, which shall then fill such vacancies. 

No person shall be a senator who shall not have 
attained to the age of thirty years, and been nine 
years a citizen of the United States, and who shall 



UNITED STATES GOVEB^MENT. 139 

not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

The Vice-President of the United States shall be 
President of the Senate, but shall have no vote, un- 
less they be equally divided. 

The Senate shall choose their other officers, and 
also a president pro tempore, in the absence of the 
Vice-President, or when he shall exercise the office 
of President of the United States. 

The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President 
of the United States is tried, the Chief Justice shall 
preside ; and no person shall be convicted without 
the concurrence of two-thirds of the members 
present. 

Judgment in cases of impeachment shall not ex- 
tend further than to removal from office, and dis- 
qualification to hold and enjoy any office of honor, 
trust, or profit under the United States; but the 
party convicted shall nevertheless be liable and 
subject to indictment, trial, judgment, and punish- 
ment, according to law. 

Sec. 4. The times, places, and manner of holding 
elections for senators and representatives shall be 



140 A SCHOOL MANUAL OF THE 

prescribed in each State by the Legislature thereof ; 
but the Congress may at any time, by law, make or 
alter such regulations, except as to the places of 
choosing senators. 

The Congress shall assemble at least once in 
every year, and such meeting shall be on the first 
Monday in December, unless they shall by law ap- 
point a different day. 

Sec. 5. Each house shall be the judge of the elec- 
tions, returns, and qualifications of its own members, 
and a majority of each shall constitute a quorum to 
do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel 
the attendance of absent members, in such manner, 
and under such penalties, as each house may pro- 
vide. 

Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a 
member. 

Each house shall keep a journal of its proceed- 
ings, and from time to time publish the same, ex- 
cepting such parts as may in their judgment require 
secrecy, and the yeas and nays of the members of 
either house on any question shall, at the desire of 



UNITED STATES GOVERNMENT. 141 

one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two houses shall be sitting. 

Sec. 6. The senators and representatives shall 
receive a compensation for their services, to be as- 
certained by law, and paid out of the treasury of 
the United States. They shall, in all cases except 
treason, felony, and breach of the peace, be priv- 
ileged from arrest during their attendance at the 
session of their respective houses, and in going to 
and returning from the same ; and for any speech 
or debate in either house, they shall not be ques- 
tioned in any other place. 

ISTo senator or representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States, 
which shall have been created, or the emoluments 
whereof shall have been increased, during such 
time ; and no person holding any office under the 
United States shall be a member of either house 
during his continuance in office. 

Sec. 7. All bills for raising revenue shall orig- 
inate in the House of Representatives ; but the 



142 A SCHOOL MANUAL OF THE 

Senate may propose or concur with amendments 
as on other bills. 

Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it be- 
come a law, be presented to the President of the 
United States ; if he approve, he shall sign it ; but 
if not, he shall return it, with his objections, to that 
house in which it shall have originated, who shall 
enter the objections at large on their journal, and 
proceed to reconsider it. If, after reconsideration, 
two- thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the 
other house, by which it shall likewise be recon- 
sidered, and if approved by two-thirds of that house, 
it shall become a law. But in all such cases the 
votes of both houses shall be determined by yeas 
and nays, and the names of the persons voting for 
and against the bill shall be entered on the journal 
of each house respectively. If any bill shall not be 
returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had 
signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law. 

Every order, resolution, or vote, to which the con- 



UNITED STATES GOVERNMENT. 143 

currence of the Senate and House of Representatives 
may be necessary (except on a question of adjourn- 
ment) shall be presented to the President of the 
United States ; and before the same shall take effect, 
shall be approved by him, or, being disapproved by 
him, shall be repassed by two-thirds of the Senate 
and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill. 

Sec. 8. The Congress shall have power — 

To lay and collect taxes, duties, imposts, and 
excises, to pay the debts and provide for the com- 
mon defense and general welfare of the United 
States ; but all duties, imposts, and excises shall be 
uniform throughout the United States ; 

To borrow money on the credit of the United 
States ; 

To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies 
throughout the United States ; 

To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and 
measures ; 



144 A SCHOOL MANUAL OF THE 

To provide for the punishment of counterfeiting 
the securities and current coin of the United States ; 

To establish post-offices and post-roads ; 

To promote the progress of science and useful 
arts, by securing, for limited times, to authors and 
inventors the exclusive right to their respective 
writings and discoveries ; 

To constitute tribunals inferior to the Supreme 
Court ; 

To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the 
law of nations ; 

To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land 
and water ; 

To raise and support armies, but no appropriation 
of money to that use shall be for a longer term than 
two years ; 

To provide and maintain a navy ; 

To make rules for the government and regulation 
of the land and naval forces ; 

To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and 
repel invasions ; 



UNITED STATES GOVERNMENT. 145 

To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as 
may be employed in the service of the United States, 
reserving to the States respectively the appointment 
of the officers, and the authority of training the 
militia according to the discipline prescribed by 
Congress ; 

To exercise exclusive legislation in all cases what- 
soever over such district (not exceeding ten miles 
square) as may by cession of particular States, and 
the acceptance of Congress, become the seat of the 
government of the United States, and to exercise 
like authority over all places purchased by the con- 
sent of the Legislature of the State in which the 
same shall be, for the erection of forts, magazines, 
arsenals, dockyards, and other needful buildings; 
and 

To make all laws which shall be necessary and 
proper for carrying into execution the foregoing 
powers, and all other powers vested by this Consti- 
tution in the government of the United States, or in 
any department or officer thereof. 

Sec. 9. The migration or importation of such 
persons as any of the States now existing shall 
think proper to admit, shall not be prohibited by 



146 A SCHOOL MANUAL OF THE 

the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be im- 
posed on such importation, not exceeding ten dol- 
lars for each person. 

The privilege of the writ of habeas corpus shall 
not be suspended, unless when in cases of rebellion 
or invasion the public safety may require it. 

No bill of attainder or ex-post facto law shall be 
passed. 

No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration 
hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported 
from any State. 

No preference shall be given by any regulation of 
commerce or revenue to the ports of one State over 
those of another ; nor shall vessels bound to or from 
one State be obliged to enter, clear or pay duties in 
another. 

No money shall be drawn from the treasury but 
in consequence of appropriations made by law ; and 
a regular statement and account of the receipts ard 
expenditures of all public money shall be published 
from time to time. 



UNITED STATES GOVERNMENT. 147 

No title of nobility shall be granted by the United 
States ; and no person holding any office of profit or 
trust under them, shall, without the consent of the 
Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, 
or foreign State. 

Sec. 10. No State shall enter into any treaty, 
alliance, or confederation; grant letters of marque 
and reprisal ; coin money ; emit bills of credit ; 
make anything but gold and silver coin a tender in 
payment of debts ; pass any bill of attainder, ex- 
post facto law, or law impairing the obligation of 
contracts, or grant any title of nobility. 

No State shall, without the consent of the Con- 
gress, lay any impost or duties on imports or ex- 
ports, except what may be absolutely necessary for 
executing its inspections laws ; and the net produce 
of all duties and imposts, laid by any State on im- 
ports or exports, shall be for the use of the treasury 
of the United States ; and all such laws shall be 
subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, 
lay any duty of tonage, keep troops or ships-of-war 
in time of peace, enter into any agreement or com- 
pact with another State, or with a foreign power, or 



148 A SCHOOL MANUAL OF THE 

engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay. 

AETICLE II. 

Section 1. The executive power shall be vested 
in a President of the United States of America. He 
shall hold his office during the term of four years, 
and, together with the Vice-President, chosen for 
the same term, be elected as follows : 

Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of electors, 
equal to the whole number of senators and repre- 
sentatives to which the State may be entitled in the 
Congress ; but no senator or representative, or per- 
son holding an office of trust or profit under the 
United States, shall be appointed an elector. 

The Congress may determine the time of choosing 
the electors, and the day on which they shall give 
their votes ; which day shall be the same throughout 
the United States. 

No person except a natural born citizen, or a 
citizen of the United States at the time of the adop- 
tion of this Constitution, shall be eligible to the 
office of President ; neither shall any person be 
eligible to that office who shall not have attained to 



UNITED STATES GOVERNMENT. 149 

the age of thirty -five years, and been fourteen years 
a resident within the United States. 

In case of the removal of the President from office, 
or of his death, resignation or inability to discharge 
the powers and duties of the said office, the same 
shall devolve on the Vice-President, and the Con- 
gress may by law provide for the case of removal, 
death, resignation, or inability, both of the Presi- 
dent and Yice-President, declaring what officer shall 
then act as President ; and such officer shall act ac- 
cordingly until the disability be removed, or a Pres- 
ident shall be elected. 

The President shall, at stated times, receive for 
his services a compensation which shall neither be 
increased nor diminished during the period for which 
he shall have been elected, and he shall not receive 
within that period any other emolument from the 
United States, or any of them. 

Before he enter on the execution of his office he 
shall take the following oath or affirmation : " I 
do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect, 
and defend the Constitution of the United States." 

Sec. 2. The President shall be commander-in- 



150 A SCHOOL MANUAL OF THE 

chief of the army and navy of the United States, 
and of the militia of the several States when called 
into the actual service of the United States ; he may 
require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any 
subject relating to the duties of their respective 
offices; and he shall have power to grant reprieves 
and pardons for offenses against the United States, 
except in cases of impeachment. 

He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two- 
thirds of the senators present concur ; and he shall 
nominate, and by and with the advice and consent 
of the Senate shall appoint ambassadors, other pub- 
lic ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States 
whose appointments are not herein otherwise pro- 
vided for, and which shall be established by law; 
but the Congress may by law vest the appointment 
of such inferior officers as they think proper, in the 
President alone, in the courts of law, or in the heads 
of departments. 

The President shall have power to fill up all va- 
cancies that may happen during the recess of the 
Senate, by granting commissions which shall expire 
at the end of their next session. 



UNITED STATES GO VEHEMENT. 151 

Sec. 3. He shall, from time to time, give to the 
Congress information of the state of the Union, and 
recommend to their consideration such measures as 
he shall judge necessary and expedient; he may, 
on extraordinary occasions, convene both Houses, 
or either of them, and in case of disagreement be- 
tween them with respect to the time of adjournment 
he may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other 
public ministers; he shall take care that the laws 
be faithfully executed, and shall commission all the 
officers of the United States. 

Sec. 4. The President, Vice-President, and all 
civil officers of the United States, shall be removed 
from office on impeachment for, and conviction of, 
treason, bribery, or other high crimes and misde- 
meanors. 

ARTICLE III. 

Section 1. The judicial power of the United 
States shall be vested in one Supreme Court, and in 
such inferior courts as the Congress may from time 
to time ordain and establish. The judges, both of 
the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated 
times, receive for their services a compensation 



152 A SCHOOL MAKUAL OF THE 

which shall not be diminished during their continu- 
ance in office. 

Sec. 2. The judicial power shall extend to all 
cases in law and equity arising under this Consti- 
tution, the laws of the United States, and treaties 
made, or which shall tie made, under their authority ; 
to all cases affecting ambassadors, other public 
ministers, and consuls; to all cases of admiralty 
and maritime j urisdiction ; to controversies to which 
the United States shall be a party ; to controversies 
between two or more States ; between a State and 
citizens of another State ; between citizens of dif- 
ferent States; between citizens of the same State 
claiming lands under grants of different States, and 
between a State, or the citizens thereof, and foreign 
States, citizens, or subjects. 

In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State 
shall be party, the Supreme Court shall have orig- 
inal jurisdiction. In all the other cases before men- 
tioned, the Supreme Court shall have appellate 
jurisdiction, both as to law and fact, with such ex- 
ceptions and under such regulations as the Congress 
shall make. 

The trial of all crimes, except in cases of impeach- 
ment, shall be by jury ; and such trial shall be held 



UNITED STATES GOVERNMENT. 153 

in the State where the said crimes shall have been 
committed; but when not committed within any 
State, the trial shall be at such place or places as 
the Congress may by law have directed. 

Sec. 3. Treason against the United States shall 
consist only in levying war against them, or in ad- 
hering to their enemies, giving them aid and comfort. 

No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt 
act, or on confession in open court. 

The Congress shall have power to declare the 
punishment of treason, but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given 
in each State to the public acts, records, and judicial 
proceedings of every other State ; and the Congress 
may by general laws prescribe the manner in which 
such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Sec. 2. The citizens of each State shall be en- 
titled to all privileges and immunities of citizens in 
the several States. 

A person charged in any State with treason, felony, 



154 A SCHOOL MANUAL OF THE 

or other crime, who shall flee from justice, and "be 
found in another State, shall, on demand of the ex- 
ecutive authority of the State from which he fled be 
delivered up to be removed to the State having juris- 
diction of the crime. 

No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such 
service or labor may be due. 

Sec. 3. New States may be admitted by the Con- 
gress into this Union; but no new State shall be 
formed or erected within the jurisdiction of any 
other State ; nor any State be formed by the junction 
of two or more States, or parts of States, without the 
consent of the Legislatures of the States concerned, 
as well as of the Congress. 

The Congress shall have power to dispose of and 
make all needful rules and regulations respecting 
the territory or other property belonging to the 
United States ; and nothing in this Constitution shall 
be so construed as to prejudice any claims of the 
United States, or of any particular State. 

Sec. 4. The United States shall guarantee to 



UNITED STATES GOVERNMENT. 155 

every State in this Union a republican form of gov- 
ernment, and shall protect each of them against in- 
vasion, and on application of the Legislature, or of 
the executive (when the Legislature cannot be con- 
vened) against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments 
to this Constitution, or, on the application of the 
Legislatures of two-thirds of the several States, shall 
call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and pur- 
poses, as part of this Constitution, when ratified by 
the Legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as 
the one or the other mode of ratification may be 
proposed by the Congress ; provided that no amend- 
ment which may be made prior to the year one 
thousand eight hundred and eight shall in any man- 
ner affect the first and fourth clauses in the ninth 
section of the first article ; and that no State, with- 
out its consent, shall be deprived of its equal suf- 
frage in the Senate. 

ARTICLE VI. 

All debts contracted, and engagements entered 



156 A SCHOOL MANUAL OF THE 

into before the adoption of this Constitution, shall 
be as valid against the United States under this 
Constitution as under the confederation. 

This Constitution, and the laws of the United 
States which shall be made in pursuance thereof; 
and all treaties made, or which shall be made, un- 
der the authority of the United States, shall be the 
supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the Con- 
stitution or laws of any State to the contrary not- 
withstanding. 

The senators and representatives before men- 
tioned, and the members of the several State Legis- 
latures, and all executive and judicial officers, both 
of the United States and of the several States, shall 
be bound by oath or affirmation to support this Con- 
stitution ; but no religious test shall ever be required 
as a qualification to any office or public trust under 
the United States. 

AETICLE VII. 

The ratification of the conventions of nine States 
shall be sufficient for the establishment of this 
Constitution between the States so ratifying the 
same. 



UNITED STATES GOVERNMENT. 157 

Done in convention, by the unanimous consent of 
the States present, the seventeenth day of Septem- 
ber, in the year of our Lord one thousand seven 
hundred and eighty-seven, and of the independence 
of the United States of America the twelfth. 

In witness whereof, we have hereunto subscribed 
our names. 

George Washington, 
President, and Deputy from Virginia. 

(Signed by Deputies from all the States, except Rhode Island.) 



15S A SCHOOL MANUAL OF THE 



ARTICLES 



IN ADDITION TO AND AMENDMENT OF THE 

CONSTITUTION OF THE UNITED STATES, 

Proposed by Congress, and Ratified by the Legislatures 

of the Several States, Pursuant to the Fifth 

Article of the Original Constitution. 



ARTICLE. I. 

Congress shall make no law respecting an es- 
tablishment of religion, or prohibiting the free ex- 
ercise thereof ; or abridging the freedom of speech, 
or of the press ; or of the right of the people peacea- 
bly to assemble, and to petition the government for 
a redress of grievances. 

ARTICLE II. 

A well regulated militia being necessary to the 
security of a free State, the right of the people to 
keep and bear arms shall not be infringed. 

ARTICLE III. 

No soldier shall in time of peace, be quartered 
in any house without the consent of the owner, nor 
in time of war but in a manner to be prescribed by 
law. 



UNITED STATES GOVERNMENT. 159 

ARTICLE IV. 

The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasona- 
ble searches and seizures, shall not be violated, and 
no warrants shall issue, but upon probable cause, 
supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons 
or things to be seized. 

article v. 

No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment 
or indictment of a grand jury, except in cases aris- 
ing in the land or naval forces, or in the militia when 
in actual service in time of war or public danger ; 
nor shall any person be subject for the same offense 
to be twice put in j eopardy of life or limb ; nor shall 
be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty, or 
property, without due process of law; nor shall 
private property be taken for public use without 
just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall en- 
joy the right to a speedy and public trial, by an 



ICO A SCHOOL MANUAL OF THE 

impartial j ury of the State and district wherein the 
crime shall have been committed, which district 
shall have been previously ascertained by law, and 
to be informed of the nature and cause of the accusa- 
tion ; to be confronted with the witnesses against 
him ; to have compulsory process for obtaining 
witnesses in his favor, and to have the assistance 
of counsel for his defense. 

AKTICLE VII. 

In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved, and no fact tried by 
a jury shall be otherwise reexamined in any court 
of the United States than according to the rules of 
the common law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments 
inflicted. 

ARTICLE IX. 

The enumeration in the Constiution, of certain 
rights, shall not be construed to deny or disparage 
others retained by the people, 



UNITED STATES GOVERNMENT. 161 

ARTICLE X. 

The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively, or to the 
people. 

Note— The first ten amendments to the Constitution of the 
United States were proposed to the legislatures of the several 
States by the First Congress, on the 25th of September, 1789. 

ARTICLE XI. 

The judicial power of the United States shall 
not be construed to extend to any suit in law or 
equity commenced or prosecuted against one of 
the United States by citizens of another State, or 
by citizens or subjects of any foreign State. 

Note— The eleventh amendment to the Constitution of the 
United States was proposed to the legislatures of the several 
States by the Third Congress, on the 5th of September, 1794; and 
was declared in a message from the President to Congress dated 
the 8th of January, 1798, to have been ratified by the legislatures 
of three-fourths of the States. 

AETICLE XII. 

The electors shall meet in their respective States, 
and vote by ballot for President and Vice-Presi- 
dent, one of whom, at least, shall not be an inhabi- 
tant of the same State with themselves ; they shall 



162 A SCHOOL MANUAL OF THE 

name in their ballots the persons voted for as Presi- 
dent, and in distinct ballots the person voted for as 
Vice-President, and they shall make distinct lists 
of all persons voted for as President, and of all per- 
sons voted for as Vice-President, and of the number 
of votes for each, which lists they shall sign and certi- 
fy, and transmit sealed to the seat of the government 
of the United States, directed to the president of the 
Senate ; — The president of the Senate shall, in pres- 
ence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be 
counted ; — The person having the greatest number 
of votes for President, shall be the President, if 
such number be a majority of the whole number 
of electors appointed ; and if no person have such 
majority, then from the persons having the highest 
numbers not exceeding three on the list of those 
voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. 
But in choosing the President, the votes shall be 
taken by States, the representation from each State 
having one vote ; a quorum for this purpose shall 
consist of a member or members from two-thirds of 
the States and a majority of all the States shall be 
necessary to a choice. And if the House of Repre- 
sentatives shall not choose a President, whenever the 



UNITED STATES GOVERNMENT. 163 

right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice- 
President shall act as President, as in the case of 
the death or other constitutional disability of the 
President. The person having the greatest num- 
ber of votes as Vice-President, shall be the Vice- 
President, if such number be a majority of the 
whole number of electors appointed; and if no 
person have a majority, then from the two highest 
numbers on the list the Senate shall choose the 
Vice-President; a quorum for the purpose shall 
consist of two-thirds of the whole number of sen- 
ators, and a majority of the whole number shall 
be necessary to a choice. But no person constitu- 
tionally ineligible to the office of President shall be 
elegible to that of Vice-President of the United 
States. 

Note — The twelfth amendment to the Constitution of the United 
States was proposed to the legislatures of the several States by 
the Eighth Congress, on the 12th of December, 1803, in lieu of the 
original third paragraph of the first section of the second article; 
and was declared in a proclamation of the Secretary of State 
dated the 25th of September, 1804, to have been ratified by the 
legislatures of three-fourths of the States. 

ARTICLE XIII. 

Section 1. Neither slavery nor involuntary servi- 



164 A SCHOOL MANUAL OF THE 

tude, except as a punishment for crime whereof the 
party shall have been duly convicted, shall exist 
within the United States, or any place subject to 
their j urisdiction. 

Sec. 2. Congress shall have power to enforce this 
Article by appropriate legislation. 

Note— The Thirteenth amendment to the Constitution of the 
United States was proposed to the legislatures of the several 
States by the Thirty-eighth Congress, on the 1st of February, 
1865, and was declared in a proclamatiom of the Secretary of 
State, dated the 18th of December, 1865, to have been ratified 
by the legislatures of twenty-seven of the thirty-six States. 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the 
United States and subject to the jurisdiction thereof, 
are citizens of the United States and of the State 
wherein they reside. No State shall make or en- 
force any law which shall abridge the privileges or 
immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty, 
or property, without due process of law ; nor deny to 
any person within its jurisdiction the equal protec- 
tion of the laws. 

Sec. 2. Representatives shall be appointed among 
the several States according to their respective num- 



UNITED STATES GOVEKISTME^T. 165 

bers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the 
right to vote at any election for the choice of elect- 
ors for President and Vice-President of the United 
States, representatives in Congress, the executive 
and judicial officers of a State, or the members of 
the legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty-one 
years of age and a citizen of the United States, or in 
any way abridged, except for participation in rebel- 
lion or other crime, the basis of representation there- 
in shall be reduced in the proportion which the 
number of such male citizens shall bear to the 
whole number of male citizens twenty-one years 
of age in said State. 

Sec. 3. No person shall be a Senator or Repre- 
sentative in Congress, or Elector, or President, or 
Vice-President, or hold any office, civil or military, 
under the United States, or under any State, who 
having previously taken an oath as a member of 
Congress, or as an officer of the United States, or as 
a member of any State Legislature, or as an execu- 
tive or judicial officer of any State, to support the 
Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof ; but 



166 A SCHOOL MAKTJAL OF THE 

Congress may, by a vote of two-thirds of each House, 
remove such disability. 

Sec. 4. The validity of the public debt of the 
United States, authorized by law, 'including debts 
incurred for payment of pensions and bounties, for 
services in suppressing insurrection or rebellion, 
shall not be questioned; but neither the United 
States nor any State shall assume or pay any debt 
or obligation incurred in aid of insurrection or re- 
bellion against the United States, or any claim for 
the loss or emancipation of any slave. But all 
such debts, obligations, and claims, shall be held 
illegal and void. 

Sec. 5. The Congress shall have power to en- 
force, by appropriate legislation, the provisions of 
this Article. 

Note — The fourteenth amendment to the Constitution of the 
United States was proposed to the legislatures of the several 
States by the Thirty-Ninth Congress, on the 16th of June, 1866, 
and on the 28th of July, 1868, was declared by proclamation of 
the Secretary of State to have been ratified by thirty of the thirty- 
six States. 

ARTICLE XV. 

Section 1. The right of the citizens of the United 
States to vote shall not be denied or abridged by 



UNITED STATES GOVERNMENT. 



167 



the United States, or by any State, on account of 
race, color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to en- 
force this Article by appropriate legislation. 

Note — The fifteenth amendment to the Constitution of the 
United States was proposed to the legislatures of the several 
States by the Fortieth Congress, on the 27th of February, 1869, 
and was declared, in a proclamation of the Secretary of State, 
dated March 30th, 1870, to have been ratified by the legislatures 
of twenty-nine of the thirty-seven States. 





SMITHSONIAN INSTITUTION, WASHINGTON, D. C. 




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ADDENDUM 

TO THE KANSAS EDITION 



LOCAL GOVERNMENT 

IN 

KANSAS. 



(1C9) 



Constitution of the State of Kansas. 



1. What are the boundaries of the State of Kansas as 

given in the preamble to the Constitution of Kansas ? 

Beginning at a point on the western boundary 
of the State of Missouri where the thirty-seventh 
parallel of north latitude crosses the same ; thence 
running west on said parallel to the twenty-fifth 
meridian of longitude west from Washington; 
thence north on the said meridian to the fortieth 
parallel of north latitude; thence east on said 
parallel to the western boundary of the State of 
Missouri ; thence south with the western bound- 
ary of the said State to the place of beginning. 

2. What rights are guaranteed to all men, in the Constitu- 

tion of the State of Kansas? 

All men are possessed of equal and inalienable 
natural rights, among which are life, liberty, and 
the pursuit of happiness. 

3. Wherein is all political power inherent ? 
In the people. 

(171) 



172 A SCHOOL MANUAL OF 

4. Why are free governments instituted % 

For the equal protection and benefit of the 
people. 

5. What body has the sole power of altering, revoking or 

repealing privileges granted by the Legislature? 

The Legislature alone has such power. 

6. How may the people assemble ? 

The people have a right to assemble in a peace- 
able manner to consult for their common good, to 
instruct their representatives, and to petition the 
government, or any department thereof, for the 
redress of grievances. 

7. When may the people bear arms ? 

The people have the right to bear arms for 
their defense and security. 

8. Shall standing armies be allowed ? 

Standing armies in time of peace shall not be 
tolerated, and the military shall be in strict sub- 
ordination to the civil power. 



LOCAL GOVERNMENT IN KANSAS. 173 



9. What right is inviolate ? 

The right of trial by jury shall be inviolate. 

10. May slavery exist in Kansas ? 

There shall be no slavery in this State. 

11. When only may involuntary servitude exist in this 

State ? 

There shall be no involuntary servitude, except 
for punishment of crime, whereof the party shall 
have been duly convicted. 

12. What religious liberty is insured to the people? 

The right to worship God according to the dic- 
tates of conscience shall never be infringed. 

13. Shall any religious test or property qualification be 

required for any public trust? 

No religious test or property qualification shall 
be required for any office of public trust, nor for 
any vote at any election, nor shall any person be 
incompetent to testify on account of religious be- 
lief. 



174 A SCHOOL MANUAL 

14. When only shall the right to the writ of / pus 

be suspend e 

The right to the writ of r ms shall not 

be suspended unless the public safety requires it 
in case of invasion or rebellion. 

15. When only shall bail be denit 

All persons shall be bailed by sufficient sureties, 
except for capital offenses. 

16. Shall ex bail be require 

Excessive bail shall not be required, nor ^x 
ive fines imposed, nor cruel or unusual punish- 
lt inflict 

17. What rights shall accused persons have in prosecutk' 

In all i " tionfi the -hall be allowed 

to appear and defend in person or by counsel : to 

demand the nature and cause of the accusation 
against him ; to t the witness face to face, and 
to have compulsory process to compel the attend- 
ant 3see in Li- behalf and a speedy pub- 
lic trial by an impartial jury of the county or 



LOCAL GOVERNMENT EST KANSAS. 175 

district in which the offense is alleged to have 
been committed. 

18. Shall a person witness against himself? 

No person shall be a witness against himself, or 
be twice put in jeopardy for the same offense. 

19. What right has the press? 

The liberty of the press shall be inviolate ; and 
all persons may freely speak, write or publish 
their sentiments on all subjects, being responsible 
for the abuse of such right. 

20. Shall any person be transported from the State? 

No person shall be transported from the State 
for any offense committed within the same ; and 
no conviction in the State shall work a corruption 
of blood or forfeiture of estate. 

21. In what shall treason against the State consist? 

Treason shall consist only in levying war 
against the State, adhering to its enemies, or giv- 
ing them aid or comfort. 



176 A SCHOOL MANUAL OF 

22. When can a person be convicted of treason ? 

Xo person shall be convicted of treason unless 
on the evidence of two witnesses to the overt act, 
or confession in open court. 

23. When shall soldiers be quartered? 

No soldier shall, in time of peace, be quartered 
in any house without the consent of the occupant ; 
nor in time of war except as prescribed by law. 

21. What right have the people to be secure against search 
and seizure? 

The right of the people to be secure in their 
persons and property against unreasonable searches 
and seizures shall be inviolate. 

25. When only may warrants be issued? 

Xo warrant shall issue but on probable cause, 
supported by oath or affirmation particularly de- 
scribing the place to be searched and the person 
or property to be seized. 

26. Shall any person be imprisoned for debt? 

Xo person shall be imprisoned for debt, except 
in cases of fraud. 



LOCAL GOVERNMENT EST KANSAS. 177 



27. Shall any distinction ever be made between citizens 
and aliens in reference to the purchase, enjoyment, 
or descent of property? 

No distinction shall be made. 



28. What reparation shall be made for injuries? 

All persons, for injuries suffered in person, rep- 
utation, or property, shall have remedy by due 
course of law, and justice administered without 
delay. 

29. Shall hereditary emoluments ever be granted? 

No hereditary emoluments, honors or privileges 
shall ever be granted or confirmed by the State. 

30. All powers not herein delegated remain with whom? 
With the people. 

31. The government of Kansas consists of what three de- 

partments? 

The Executive, Legislative, and Judicial de- 
partments. 



178 A SCHOOL MANUAL OF 

THE EXECUTIVE DEPARTMENT. 

32. Of what does the Executive Department consist? 

The Executive Department shall consist of a 
Governor, Lieutenant Governor, Secretary of State, 
Auditor, Treasurer, Attorney General, and Super- 
intendent of Public Instruction. 

33. By whom are these officers chosen? 

They are chosen by the electors of the State. 

34. When and where are they chosen? 

At the time and place of voting for members of 
the Legislature. 

35. How long shall they hold office? 

They shall hold their offices for the term of two 
years from the second Monday of January next 
after their election, and until their successors are 
elected and qualified. 

36. What shall be done with the returns of every election? 

An abstract of the returns of every election shall 
be sealed up and transmitted to the Secretary of 



LOCAL GOVERNMENT IN KANSAS. 179 

State, by the clerks of the boards of canvassers of 
the several comities. 

37. For what purpose are the returns sent to the Secretary 

of State? 

The Secretary of State, with the Lieutenant 
Governor and Attorney General, shall constitute a 
Board of State Canvassers, whose duty it shall be 
to meet at the State capital, on the second Tues- 
day of December succeeding each election for State 
officers, and canvass the vote for such officers and 
proclaim the result. 

38. What shall be done in case any two or more have an 

equal and highest number of votes? 

In case any two or more have an equal and 
highest number of votes the Legislature shall, by 
joint ballot, choose one of said persons for said 
office. 



39. In whom shall the supreme executive power of the 
State be vested? 

In the Governor. 



180 A SCHOOL MANUAL OF 

40. What shall be the duty of the Governor? 

He shall see that the laws are faithfully exe- 
cuted. 



41. What duties may the Governor require of the officers 
of the executive department? 

He may require information in writing from the 
officers of the executive department upon any sub- 
ject relating to their respective duties. 



42. When and how may he convene the Legislature? 

He may on extraordinary occasions convene the 
Legislature by proclamation. 



43. What shall be the Governor's duty toward the Legis- 
lature ? 

He shall, at the commencement of every ses- 
sion, communicate in writing such information as 
he may possess in reference to the condition of 
the State, and recommend such measures as he 
may deem expedient. 



LOCAL GOVERNMENT IN KANSAS. 181 

44. What privilege has the Governor in case of disagree- 

ment between the two houses as to adjournment? 

In case of disagreement between the two houses 
in respect to the time of adjournment, he may 
adjourn the Legislature to such time as he may 
think proper, not beyond its regular meeting. 

45. The pardoning power is vested in whom ? 

The pardoning power shall be vested in the 
Governor, under regulations and restrictions pre- 
scribed by law. 

46. Who shall keep the seal of State, and for what pur- 

pose? 

The Governor shall keep the Great Seal of 
Kansas, for official use. 

47. In what name shall all commissions be issued ? 

All commissions shall be issued in the name of 
the State of Kansas. 

48. How shall they be signed and sealed ? 

They shall be signed by the Governor, counter- 



182 A SCHOOL MANUAL OF 

signed by the Secretary of State, and sealed with 
the great seal. 

49. Who shall be ineligible to the office of Governor of 

Kansas ? 

No member of Congress or officer of the State 
or of the United States shall hold the office of 
Governor. 

50. In case of vacancy in the office of Governor, who 

shall assume his duties ? 

In case of the death, impeachment, resignation, 
removal or other disability of the Governor, the 
power and duties of the office for the residue of 
the term, or until the disability shall be removed, 
shall devolve upon the Lieutenant Governor. 

51. Who is ex officio the President of the Senate? 

The Lieutenant Governor shall be President of 
the Senate. 

52. When only shall he vote? 

He shall vote only when the Senate is equally 
divided. 



LOCAL GOVERNMENT IN KANSAS. 183 

53. In case of vacancy or absence in the office of Lieu- 
tenant Governor, who shall preside? 

The Senate shall choose a president pro tempore 
to preside in case of the absence or impeachment 
of the Lieutenant Governor, or when he shall 
hold the office of Governor. 



54. In case of vacancy in the office of Governor while the 

Lieutenant Governor is holding that office, who shall 
be Governor? 

The person who shall have been elected Presi- 
dent pro tern, of the Senate. 

55. In case of inability on the part of the President of the 

Senate, who shall be Governor? 

The Speaker of the House of Representatives. 

56. In case of vacancy in the office of Secretary of State, 

Auditor, Treasurer, Attorney General, or Superin- 
tendent of Public Instruction, who shall fill the va- 
cancy ? 

The Governor shall fill such vacancy until the 
disability is removed or a successor is elected and 
qualified. 



184 A SCHOOL MANtUL OF 

57. When shall such vacancy be filled by election? 

At the first general election that occurs more 
than thirty days after it shall have happened. 

58. How long shall the person chosen hold office? 
For the unexpired term. 

59. What compensation shall all these officers receive? 

These officers shall at stated times receive for 
their services a compensation to be established by 
law, which shall neither be increased nor dimin- 
ished during the period for which they shall have 
been elected. 

60. When shall the officers of the executive department 

report? 

They shall make reports severally, to the Gov- 
ernor, at least ten days preceding each regular 
session of the Legislature. 

61. What use shall the Governor make of such reports? 

He shall transmit such reports to the Legisla- 
ture. 



LOCAL GOVERKMEKT W KANSAS. 185 



THE LEGISLATIVE DEPARTMENT. 

62. In whom shall the legislative power of the State of 
Kansas be vested? 

In a House of Representatives and a Senate. 



63. How shall the number of Senators and Representatives 

be regulated? 

The number of Senators and Representatives 
shall be regulated by law, but shall never exceed 
one hundred and twenty -five Representatives and 
forty Senators. 

64. What compensation shall the members of the Legisla- 

ture receive? 

The members of the Legislature shall receive as 
compensation for their services the sum of three 
dollars for each day's actual service at any regu- 
lar or special session, and fifteen cents for each 
mile traveled by the usual route in going to or 
coming from the place of meeting. 

65. What qualifications are necessary to be a member of 

the Legislature? 

No person shall be a member of the Legislature 



186 A SCHOOL MARITAL OF 

who is not at the time of his election a qualified 
r of and resident in the county or district for 
which he is elected. 

Who are ineligible to a seat in the Legislature? 

No member of Congress or officer of the United 
States shall be eligible to a seat in the Legislature. 
No person convicted of embezzlement or misuse of 
the public funds shall have a seat in the Legisla- 
ture. 

67. What oath air State officers required to take? 

All State officers, before entering upon their 
resi active duties, shall take and subscribe an oath 
(or affirmation) to support the Constitution of the 

United States and th^ C : ::-:::"*::■: n of this State, 
an 1 illy to discharge the duties of their re- 

tire offices. 

68. What number shall constitute a quorum? 

A majority in each house shall constitute a 
quorum. 



LOCAL GOVERNMENT IN KANSAS. 187 

69. Who shall establish the rules for the house? 

Each house shall establish its own rules, and 
shall be judge of the elections, returns and qual- 
ifications of its own members. 



70. How shall vacancies in either house be filled? 

All vacancies in either house shall be filled for 
the unexpired term by election. 

71. Who shall keep the record of the proceedings? 

Each house shall keep and publish a journal of 
its proceedings. 

72. What restriction is placed on adjournment ? 

Neither house shall, without the consent of the 
other, adjourn for more than two days, Sundays 
excepted. 

73. What right of protest have the members ? 

Any member of either house shall have the 
right to protest against any act or resolution. 



188 A SCHOOL MANUAL OF 

74. Where may bills originate ? 

Bills may originate in either house, but may be 
amended or rejected by the other. 

75. What is necessary to the passage of a bill ? 

A majority of all the members elected to each 
house, voting in the affirmative, shall be necessary 
to pass any bill or joint resolution. 

76. What steps are necessary to a bill becoming a law ? 

Every bill passed by the two houses shall, 
within two days thereafter, be signed by the pre- 
siding officers and presented to the Governor ; if 
he approve, he shall sign it. 

77. In case he does not approve, what is done ? 

If he does not approve, he shall return it to the 
House of Representatives, which shall reconsider 
it; and if again passed by two-thirds of the Rep- 
resentatives, and then by two-thirds of the Sena- 
tors, it shall become a law. 



LOCAL GOVEKXttESTT IN KANSAS. 189 

78. What is done if the Governor does not return it 

within the specified time ? 

If the Governor does not return it within three 
days, (unless prevented by the adjournment of 
the Legislature,) it shall become a law. 

79. How often shall every bill be read ? 

Every bill shall be read on three separate days 
in each house, unless in case of emergency. 

80. How may the rules be suspended ? 

Two-thirds of the house where the bill is pend- 
ing may suspend the rules ; but the reading of 
the bill by sections on its final passage shall in 
no case be dispensed with. 

81. How are bills limited ? 

No bill shall contain more than one subject, 
which shall be clearly expressed in its title. 

82. What restrictions are placed on amendments? 

No law shall be revived or amended unless the 
new act contain the entire act revived or the sec- 



190 A SCHOOL MANUAL OF 

tion or sections amended, and the section or sec- 
tions so amended shall be repealed. 

83. How are all general laws operated ? 

All laws of a general nature shall have a uni- 
form operation throughout the State. 

84. What restrictions are placed upon special laws? 

In all cases where a general law can be made 
applicable, no special law shall be enacted. 

85. What court has power to grant divorces? 

All power to grant divorces is vested in the dis- 
trict courts, subject to regulation by law. 

86. When shall the acts of the Legislature be in force? 

The Legislature shall prescribe the time when 
its acts shall be in force, and shall provide for the 
speedy publication of the same. 

87. When shall a law of a general nature be in force? 

No law of a general nature shall be in force 
until the same be published. 



LOCAL GOVERNMENT IN KANSAS. 191 

88. What power of election is vested in the Legislature? 

The Legislature shall have the power to provide 
for the election or appointment of all officers, and 
the filling of all vacancies not otherwise provided 
for in this Constitution. 

89. What is the enacting clause? 

The enacting clause shall be : " Be it enacted by 
the Legislature of the State of Kansas." 

90. How shall laws be enacted? 

No law shall be enacted except by bill. 

91. What powers may the Legislature confer upon county 

tribunals? 

The Legislature may confer upon tribunals 
transacting the county business of the several 
counties such powers of local legislation and ad- 
ministration as it shall deem expedient. 

92. What privileges have members of the Legislature? 

(1) For any speech or debate in either house 
the members shall not be questioned elsewhere. 
(2) No member of the Legislature shall be sub- 



192 A SCHOOL MANUAL OF 

jeot to arrest (except for felony or breach of the 
peace) in going to or returning from the place of 
meeting or during the continuance of the session. 
(3) Neither shall he be subject to service of any 
civil process during the session, nor for fifteen 
days previous to its commencement. 

93. Shall any distinction in regard to sex be made in 

forming and regulating schools? 

The Legislature, in providing for the formation 
and regulation of schools, shall make no distinc- 
tion between the rights of males and females. 

94. How may money be drawn from the treasury? 

No money shall be drawn from the treasury 
except in pursuance of a specific appropriation 
made by law, and no appropriation shall be for a 
longer term than two years. 

95. When and where shall sessions of the Legislature be 

held ? 

All sessions of the Legislature shall be held 
once in two years, at the State capital, commenc- 
ing on the second Tuesday of January. 



LOCAL GOVERNMENT IN KANSAS. 193 

96. What provision is made for taking the census? 

The Legislature shall provide for taking an 
enumeration of the inhabitants of the State. 

97. What house has the sole power of impeachment ? 

The House of Representatives shall have the 
sole power to impeach. 

98. All impeachments shall be tried by what body? 

All impeachments shall be tried by the Senate. 

99. When trying an impeachment, what oath must be 

taken by the Senators ? 

They must take an oath to do justice according 
to the law and the evidence. 

100. What number is necessary to conviction ? 

No person shall be convicted without the con- 
currence of two-thirds of the Senators elected. 

101. Who shall be subject to impeachment? 

The Governor and all other officers under this 
Constitution shall be subject to impeachment for 
any misdemeanor in office. 



194 A SCHOOL MANUAL OF 

102. How shall judgment in such cases be restricted ? 

Judgment in all such cases shall not be ex- 
tended further than to removal from office and 
disqualification to hold any office of profit, honor 
or trust under this Constitution. 

103. Is the party impeached further liable ? 

The party, whether convicted or acquitted, shall 
be liable to indictment, trial, judgment and pun- 
ishment according to law. 

104. How long is the term of the members of the Legis- 

lature ? 

Members of the House of Eepresentatives shall 
be elected for two years, and members of the Sen 
ate shall be elected for four years. 

THE JUDICIAL DEPARTMENT. 

105. How is the judicial power of this State vested? 

The judicial power of this State shall be vested 
in a Supreme Court, District Courts, Probate 
Courts, justices of the peace, and such other courts, 
inferior to the Supreme Court, as may be provided 
by law. 



LOCAL GOVERNMENT IN KANSAS. 195 

106. What shall be provided for all courts of record? 

All courts of record shall have a seal, to be used 
in the authentication of all process. 

107. Of what shall the Supreme Court consist? 

The Supreme Court shall consist of one Chief 
Justice and two Associate Justices. 

108. How shall they be elected? 

They shall be elected by the electors of the State 
at large. 

109. What is their term of office? 

Their term of office shall be six years. 

110. In what cases shall the Supreme Court have original 

jurisdiction? 

The Supreme Court shall have original jurisdic- 
tion in quo warranto, mandamus, and habeas 
corpus. 

111. What appellate jurisdiction shall the Supreme Court 

have? 

The Supreme Court shall have appellate juris- 
diction as may be provided by law. 



196 A SCHOOL MANUAL OF 

112. How many terms shall be held by the Supreme Court? 

It shall hold one term each year at the seat of 
government, and such other terms at such places 
as may be provided by law ; and its jurisdiction 
shall be co-extensive with the State. 

113. What officers shall be appointed by the Justices of 

the Supreme Court? 

There shall be appointed, by the Justices of the 
Supreme Court, a Reporter and Clerk of said court, 
who shall hold their offices two years, and whose 
duties shall be prescribed by law. 

114. How many judicial districts shall there be in the 

State of Kansas ? 

The State shall be divided into five judicial dis- 
tricts, in each of which there shall be elected, by 
the electors thereof, a District Judge. 

115. How long is his term of office? 
He shall hold office four years. 

116. When shall district courts be held? 

District courts shall be held at such times and 
places as may be provided by law. 



LOCAL GOVERNMENT IN KANSAS. 197 

117. What jurisdiction shall district courts have? 

The district courts shall have such jurisdiction 
in their respective districts as may be provided 
by law. 

118. What officer shall be elected in each county? 

There shall be elected in each organized county 
a Clerk of the District Court, who shall hold his 
office two years, and whose duties shall be pre- 
scribed by law. 

119. What additional court shall be in each county? 

There shall be a Probate Court in each county, 
which shall be a court of record. 

120. How many Justices shall there be in each township ? 

Two Justices of the Peace shall be elected in 
each township, whose term of office shall be two 
years. 

121. Appeals shall be taken to what court? 

All appeals from probate courts and justices of 
the peace shall be to the district court. 



198 A SCHOOL MANUAL OF 

122. In case of vacancy in any judicial office, how shall it 

be filled ? 

It shall be filled by appointment of the Gov- 
ernor, until the next election. 

123. How long shall judicial officers hold office? 
Until their successors shall have qualified. 



124. How shall the compensation of justices and judges 
be fixed? 

By law. 



125. How may judicial districts be increased? 

Provision may be made by law for the increase 
of the number of judicial districts whenever two- 
thirds of the members of each house shall concur. 



126. How may justices and judges be removed? 

Justices of Supreme Court and Judges of the 
District Courts may be removed from office by 
resolution of both houses, if two-thirds of the 
members of each house concur. 



LOCAL GOVERNMENT IN KANSAS. 199 

127. What complaint is necessary to removal? 

No such removal shall be made except upon 
complaint, the substance of which shall be entered 
upon the journal ; nor until the party charged 
shall have had notice and opportunity to be heard. 

128. What shall be the style of process? 

The style of process shall be, "The State of 
Kansas," and all prosecutions shall be carried on 
in the name of the State. 

129. How shall the judicial business of unorganized 

counties be managed? 

New or unorganized counties shall, by law, be 
attached for judicial purposes to the most con- 
venient judicial districts. 

130. What shall be done in case of absence of a district 

judge? 

Provision shall be made by law for the election, 
by the bar, of a pro tern, judge of the district court, 
when the judge is absent or otherwise unable, or 
disqualified to sit in any case. 



Local Government in Kansas. 



THE SCHOOL DISTEICT. 

1. Why does the State of Kansas establish free schools? 

To give each person an insight into the work- 
ings of his own government, and thus secure good 
citizens. 

2. What is the school district ? 

The school district is one of the smallest civil 
and political divisions of the State. 

3. How are these districts created ? 

The County Superintendent of Public Instruc- 
tion has authority to divide the county into a 
convenient number of school districts. 

4. How many officers preside over a school district ? 
Three : a Director, Clerk, and Treasurer. 

(200) 



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LOCAL GOVERNMENT IN KANSAS. 201 

5. For how long are they elected ? 
For three years. 

6. What is the duty of the Director ? 

The Director presides at all district meetings, 
signs all orders drawn by the Clerk, and repre- 
sents the district in court. 

7. What is the duty of the Treasurer ? 

The Treasurer receives all school moneys from 
the County Treasurer, disburses the funds on 
order of the Clerk and Director, and presents a 
detailed report at each annual meeting. 

8. What is the duty of the Clerk? 

The Clerk records all school matters in the dis- 
trict, draws all orders for the payment of salaries 
and expenses, makes an annual statistical report, 
reports to the County Superintendent, and is sec- 
retary of the district meetings. 

9. What board do these three officers constitute? 
They constitute the District Board. 



202 A SCHOOL MANUAL OF 

10. What are the duties of this board ? 

It certifies the annual tax, has charge of the 
school property in the district, hires teachers, de- 
cides what text-books are to be used, and sus- 
pends pupils. 

11. Has Kansas any compulsory law in regard to educa- 

tion ? 

Every child between the ages of eight and four- 
teen is required by law to be in some school for 
not less than twelve weeks in each year. 



THE TOWNSHIP. 

12. What political division is next in size to the school 
district? 

The township, containing thirty-six square miles, 
or thirty-six sections. 



13. What is the government of the township? 

It has many rights, but is subordinate to the 
county. 



LOCAL GO VEHEMENT IK KAKSAS. 203 

14. When is the township election held? 

The township election is held on the first Tues- 
day after the first Monday in November in each 
year. 

15. Who are the judges of election? 

The Township Trustee and two Justices of the 
Peace. 

16. Who act in case of their absence? 

The citizens present may choose judges from 
their own number. 

17. Who assist the judges? 

Two clerks may be appointed by the judges to 
assist in receiving the votes. 

18. What is the polling-place? 

The polling-place or polls is the place where 
votes are cast. 

19. For how long are the polls open? 

The polls are open from 8 a. m. until 6 p. m. 



204 A SCHOOL 3IA3TAL OF 

20. How many votes has each pers 

Each elector, or voter, hands one of the judges 
of election one ballot containing the names of the 

persons voted for. 

21. What does the judge do with this ballot? 

The judge calls the name of the voter, and, if 
the vote is not challenged, puts it into the ballot- 
box. 

22. What is meant by a challenged 

Challenging a vote is questioning the right of 
the voter to cast a ballot. 

23. If challenged, what is done ! 

The voter must then satisfy the judges of elec- 
tion that he is entitled to vote. 

24. What is done when the ballot is deposited? 

The clerk of the election writes the voters name 

in the poll-book. 

25. Who examines the ballots when the box is opened? 
Each ballot is examined by each of the three 



LOCAL GOVERNMENT I1ST KANSAS. 205 

judges in turn, the last of whom strings it on a 
thread to preserve it. 

26. If there is proof of fraud in the casting of any ballot, 

what is done? 

The fraudulent votes are rejected. 

27. What is done with the votes when they are read and 

entered ? 

They are sealed up, and with one poll-book are 
sent to the County Clerk. 

28. What is done with the fraudulent votes? 
They are sent in a separate package. 

29. What is required of voters? 

In cities of the first and second class each voter 
is required to register ten days before voting. 

30. Who are the township officers? 

A Trustee, a Clerk, Treasurer, Road Overseers, 
and not less than two Justices of the Peace and 
two Constables. 



206 A SCHOOL MANUAL OF 

31. What is the term of office for these officers? 

Justices of the Peace two years, all the others 
one year. 

32. What are the duties of the Trustee ? 

The Trustee superintends the affairs of the 
township, determines the number of the road dis- 
tricts, is judge of elections, has charge of the 
poor, contracts for the building of bridges, and is 
township assessor. 

33. What are the duties of the Clerk? 

The Clerk has charge of all the books and rec- 
ords belonging to the township, and must keep 
them open to public inspection. 

34. What duties has the Treasurer? 

He receives and pays out, under direction of 
the Trustee, all moneys of the township. 

35. The Trustee, Clerk and Treasurer constitute what 

board ? 

They constitute the board of commissioners of 



LOCAL GOVERNMENT IN KANSAS. 207 

highways and the auditing board, the Trustee 
being chairman, and the Clerk secretary. 

36. When are its meetings held ? 

On the second Saturday after the township 
election, and on the last Monday of April, July, 
October and January in each year. 

37. What is the work of this board ? 

It has supervision of all roads and bridges in 
the township, and is authorized to employ a su- 
perintendent. 

38. The accounts of the township officers are inspected by 

whom ? 

The auditing board inspect all accounts of 
township officers, and when so serving are paid 
for their services. 

39. What other duties have this board ? 

They examine the fences in the township. 

40. What are the duties of the Road Overseer ? 

The Road Overseer must inspect all bridges in 



208 A SCHOOL MANUAL OF 

his district, take measures to prevent prairie fires, 
and inspect roads. He receives pay for not more 
than fifteen days' actual labor in each year. 

41. What are the duties of the Constables? 

They serve all papers issued by the court, have 
power to preserve order, and can call on citizens 
for aid in enforcing the law. 

42. What are the duties of Justices of the Peace ? 

They are judges in minor matters, civil and 
criminal. 

43. Is their jurisdiction restricted ? 

(1) They cannot act if the amount sought ex- 
ceeds three hundred dollars, in trials for the re- 
covery of money. 

(2) No damage claimed must exceed one hun- 
dred dollars. 

(3) They cannot try a case involving a land 
title. 

(4) They cannot try for misdemeanors where 
the fine exceeds five hundred dollars, or imprison- 
ment one year. 



LOCAL GOVERNMENT IN KANSAS. 209 

44. Do juries act in Justices' cases? 

In civil cases tried in a Justice's court either 
party may demand a jury of six men. 

THE COUNTY. 

45. What is a county? 

A county is a political subdivision of a State. 

46. Is the size of counties limited in Kansas ? 

No county shall have an area of less than four 
hundred and thirty-two square miles.* 

47. When may a county be organized ? 

Whenever four hundred householders, electors 
of the State and residents of an unorganized 
county, shall petition the Governor, stating that 
the county has at least two thousand five hun- 
dred inhabitants, and desiring that the county be 
organized, the Governor must appoint a citizen of 
the county to take a census of the inhabitants, 
and ascertain the amount of taxable property. 
If the county contains 2,500 inhabitants, 400 of 

*This provision of the Constitution did not apply to the counties in existence at 
the time of its adoption, some of which had a smaller area than above indicated. 



210 A SCHOOL MANUAL OF 

whom are householders, and $150,000 in taxable 
property, of which at least $75,000 is real estate, 
the Governor appoints three citizens of the county 
to act as County Commissioners and one to act as 
County Clerk. 

48. Is the county then organized? 

When these officers have qualified, the county is 
organized. 

49. What is the next proceeding? 

The county is divided into townships, and the 
first election is called. 

50. What is the place called where the county offices are 

located? 

The county seat. 

51. How is its location determined? 
By vote of the people. 

52. When do county elections occur? 

County elections occur on the first Tuesday after 
the first Monday in November of each year. 



LOCAL GOVERNMENT Ltf KANSAS. 211 

53. Are all officers elected each year? 

On each even year Representatives, a Probate 
Judge, a Clerk of the District Court, a Superin- 
tendent of Public Instruction, a Commissioner and 
a County Attorney are elected. Also, once in four 
years, a State Senator. On the odd years a Com- 
missioner, Sheriff, County Clerk, Treasurer, Regis- 
ter of Deeds, Surveyor and a Coroner are elected. 

54. When do the county officers enter upon their duties? 

On the second Monday of January next after 
their election, except the Treasurer, whose term 
begins on the second Tuesday of October next 
after his election. 

55. Do these officers give bond? 
They all give bond. 

56. What are the duties of the County Commissioners? 

Their duties are: (1) to examine and settle 
all accounts of the receipts and expenditures of 
the county ; (2) to take care of all county prop- 
erty ; (3) to apportion and order the levy of taxes ; 



212 A SCHOOL MANtJAt OF 

(4) to locate or discontinue roads ; (5) to organize 
townships, or change their boundaries when de- 
sirable ; (6) to canvass votes and announce results 
for township offices ; to canvass votes for State, 
county and district offices, for State Legislature, 
Members of Congress, and Presidential Electors ; 
(7) to transact all county business not otherwise 
provided for. 

57. How long is their term of office? 
Three years. 

58. How is it arranged ? 

It is so arranged that one Commissioner is 
elected each year. 

59. What is their compensation ? 

They are paid for each day's actual service. 

60. Are their days of service limited ? 

The number of days is limited by statute in 
proportion to the population. 



LOCAL GOVERNMENT IN KANSAS. 213 



61. Who is secretary of the Board of County Commis- 
sioners ? 

The County Clerk. 



62. What are his duties? 

(1) To keep all records and papers and the seal 
of the county ; (2) to keep an account of the re- 
ceipts and expenditures of the county, and of the 
business of his county with all county, township, 
district and other officers. 

63. To whom does he report ? 

He makes a report every year, to the State Au- 
ditor, of the financial condition of the county. 

64. What compensation does he receive? 

He receives a salary varying according to the 
population of the county. 

65. What are the duties of the County Treasurer? 

He receives and disburses the money of the 
county. 



214 A SCHOOL MAKTJAL OF 

66. To whom does lie report and make settlement % 

He makes an annual report and settlement 
with the County Commissioners. 

67. When and by whom are his accounts examined ? 

Once every three months the Probate Judge 
and two citizens appointed by the County Com- 
missioners examine his books and money on 
hand, without previous notice. 

68. What is the duty of the Register of Deeds? 

He has charge of the records affecting the title 
to lands, and all deeds, mortgages and documents 
affecting the title to lands ; and maps and charts 
determining the boundaries of land are kept in 
his office, open to public inspection. 

69. What are the duties of the Sheriff? 

The Sheriff is the county representative of the 
executive branch of government, and general mes- 
senger of the District Court, attending all its sit- 
tings. 



LOCAL GOVERNMENT IN KANSAS. 215 

70. What appointments does he make? 

He appoints a general deputy, styled "Under- 
Sheriff," and such other deputies as he deems 
necessary, being responsible for their acts. 

71. Of what has he charge? 

He has charge of the county jail, and of all the 
prisoners kept there. 

72. What are his duties? 

It is his duty to suppress all unlawful assem- 
blages ; to make all necessary arrests ; and to pre- 
serve the peace. 

73. What authority has he? 

He is authorized to call to his assistance any 
citizens in the county, when he may think neces- 
sary. 

74. What is this called ? 
Summoning a posse. 

75. What further duties has he? 

He gives public notice of all elections, attends 



216 A SCHOOL MANUAL Otf 

the drawing of jurors, summons them when drawn, 
and does all in his power to aid in the execution 
of the laws. 

76. What is the duty of the Coroner? 

It is the Coroner's duty to examine all the cir- 
cumstances connected with death caused by un- 
known or unlawful means. 

77. What is this called ? 

It is called holding an inquest. 

78/ Has the Coroner any assistance in holding an inquest? 

He is assisted by six jurors summoned by him- 
self. 

79. What authority has the Coroner in case the jury find 

that a crime has been committed? 

, He may issue a warrant for the arrest of the 
person charged with the crime. 

80. How is the trial of such person conducted? 
In the usual manner. 



LOCAL GOVERNMENT IN KANSAS. 21 7 

81. What are the duties of the County Attorney? 

The County Attorney appears in court for the 
people, and prosecutes or defends all cases in 
which the State or the county has an interest. 

82. Of whom is he legal adviser ? 

He is the legal adviser of the Board of Com- 
missioners. 

83. What further duty has he ? 

During each term of court it is his duty to per- 
sonally inspect the jail and its management. 

84. What are the duties of the County Surveyor? 

He subdivides the sections established by the 
United States surveyors, re-establishes missing 
corners or landmarks, and surveys the lines of 
all public roads. 

85. What are intrusted to his care? 

The lines or boundaries of the various divisions 
of the county are intrusted to his care. 



218 A SCHOOL MANUAL OF 

86. What disputes are referred to him? 

Disputes as to the boundaries of adjoining 
lands are referred to him for settlement. 

87. What must be the population of a county in order to 

have a County Auditor ? 

Any county having more than 25,000 inhab- 
itants is entitled to a County Auditor. 

88. Who appoints the County Auditor ? 
The District Court. 

89. What is the duty of the County Auditor ? 

It is his duty to examine and decide as to the 
validity of all claims presented against the 
county ; to inspect the accounts of the Treasurer 
every two months; and to examine the reports 
and books of the Sheriff and of the Clerk of the 
District Court, concerning funds collected by 
them. 

90. What must he publish? 

He must publish each month, in the official 
paper of the county, a statement of all the claims 
which he has allowed. 



LOCAL GOYERISTMENT I1ST KANSAS. 219 

91. Who constitute the County Board of Health? 
The County Commissioners. 

92. Whom do they elect ? 

They elect a physician as county health officer. 

93. With whom do the county officers act ? 

The county officers and State Board of Health 
act together. 

94. What authority has the County Board of Health? 

It has general supervision over the sanitary 
condition of the county; inspects public build- 
ings ; takes necessary precaution in regard to con- 
tagious diseases ; and has the same general powers 
as the State Board. 

95. What are the duties of the County Superintendent 

of Public Instruction? 

(1) He has general supervision of the educa- 
tional interests of the county ; (2) he divides the 
county into school districts ; (3) he is required to 
visit each school once each term, and to suggest 
improvements and examine reports connected with 



220 A SCHOOL MAKTJAL OF 

school work ; (4) lie supervises the summer Nor- 
mal Institute and makes a statistical report to the 
State Superintendent of Public Instruction ; and 
(5) decides any disputes in the districts. 

96. By whom is the County Superintendent assisted? 

By two examiners, who are appointed by the 
County Commissioners. 

97. What board do these three constitute? 
The County Board of Examiners. 

98. What must these examiners hold? 

If not graduates of one of the higher State in- 
stitutions, they must hold first-grade or State cer- 
tificates. 

99. What authority have Notaries Public? 

They have authority to administer oaths; to 
take acknowledgments of deeds, and other papers 
affecting the titles to lands ; to protest promissory 
notes ; and to take depositions of witnesses. 



LOCAL GOVERNMENT IN KANSAS. 221 

CITIES. 

100. How many classes of cities does the State of Kansas 

recognize \ 

Three : cities of the first, second, and third 
classes. 

101. How many inhabitants are necessary to a city of the 

first class? 

Over fifteen thousand. 

102. How many to a. city of the second class? 
More than 2,000 and less than 15,000. 

103. How many to a city of the third class? 
Over 250 and less than 2,000. 

104. How many wards may there be in cities of the first 

class? 

Not less than four. 

105. In cities of the second class? 

Cities of the second class having more than 
4,000 inhabitants shall have not less than four 
wards. 



222 A SCHOOL MANUAL OF 

106. When are city elections held? 
On the first Tuesday in April. 

107. Who are elected in the odd years? 

The Mayor and Police Judge are elected in the 
odd years, in cities of the first class, by vote of all 
citizens. 

108. How many Councilmen are there in each ward? 

Two Councilmen, one of whom, with a member 
of the Board of Education, is elected annually. 

109. What elections take place in cities of the second class ? 

In cities of the second class there are elected in 
the odd years a Mayor, Police Judge, Treasurer, 
Treasurer of the Board of Education, and Justices 
of the Peace. 

110. Who are elected annually in cities of the second class? 

Members of the Board of Education and one 
Councilman. 

111. What elections take place in cities of the third class? 

The Mayor, Police Judge and Councilmen are 
elected annually in cities of the third class. 



LOCAL GOVERTOfENT m KANSAS. 223 

112. Is the right to vote in Kansas restricted to men? 

Iii elections for city or school officers, or for the 
purpose of authorizing the issue of school bonds, 
women may vote, and are eligible to any school or 
city office. 

113. In whom is the government of a city vested? 
In a Mayor and Common Council. 



114. What are their legislative acts called? 
Ordinances. 



115. What are the duties of the Mayor? 

He is the general executive of the city. 

116. What are his special powers? 

(1) He may veto ordinances passed by the 
Council ; (2) he has the power to appoint special 
policemen ; (3) he may call out citizens or the 
militia in the city to aid in enforcing the laws ; 
(4) he may grant reprieves or pardons for all 
offenses arising under the city laws, with the con- 
sent of the Council. 



224 A SCHOOL MANUAL OF 

117. Is his veto final? 

An ordinance may be passed over the veto by 
a three-fourths vote. 

118. What are the duties of the Police Judge? 

He hears and determines all cases which arise 
under the city ordinances, and most of the misde- 
meanors under State laws. 

119. Who are his constables? 
The Marshal and police. 

120. Who has charge of the police in cities of the first 

class ? 

A board of three Police Commissioners, ap- 
pointed by the Governor. 

121. What other city officers are there ? 

A Clerk, Treasurer, Assessor, Attorney, Weigh- 
Master, Market-Master, Street Commissioner, and 
City Engineer. 

122. What are the duties of the Clerk? 

To keep the records, papers and accounts of 
the city. 



LOCAL GOVERXMEXT IN KANSAS. 225 

123. What are the duties of the Treasurer ? 
He lias charge of the city funds. 

124. What are the duties of the Assessor? 

The City Assessor lists the real estate within 
his city, with the taxable value of the same. 

125. What are the duties of the City Attorney? 
He is the legal representative of the city. 

126. What are the duties of the Weigh-Master ? 

It is his duty to weigh and inspect hay, grain, 
coal, etc., when offered for public sale. 

127. What are the duties of the Market-Master? 

The Market-Master inspects all markets, meat- 
shops, etc., and regulates the sale of meats, veg- 
etables, etc., sold there. 

128. What is the office of the Street Commissioner? 
He has charge of all streets, alleys, etc. 

129. How are city schools controlled? 

The city is regarded as one school district, hav- 
ing one Board of Education. 



226 A SCHOOL MANUAL OF 

130. Has the County Superintendent control over city 

schools ? 

He has no jurisdiction within cities of the first 
or second classes. 

131. Who exercises such jurisdiction? 

The City Superintendent, chosen by the Board 
of Education. 

132. Who has jurisdiction over schools in cities of the 

third class? 

The County Superintendent. 

THE STATE OF KANSAS. 

133. In what year was Kansas admitted to the Union? 

Kansas was declared by Congress to be one of 
the United States in 1861. 

134. Of whom does the Executive Department of the State 

of Kansas consist? 

The chief officers of the Executive Department 
are: The Governor, Lieutenant Governor, Secre- 
tary of State, State Auditor, State Treasurer, 
Attorney General, and Superintendent of Public 
Instruction. 



LOCAL GOVERNMENT IN KANSAS. 227 

135. What is the duty of the Governor? 

It is the Governor's duty to see that the laws are 
faithfully executed. 

136. What are the duties of the Lieutenant Governor? 

He shall be President of the State Senate, and 
in case of disability or removal of the Governor, 
shall fill that position for the unexpired term. 

137. What are the duties of the Secretary of State? 

To have the custody of all books, records, en- 
rolled bills and papers belonging to the State ; to 
countersign all proclamations and commissions 
issued by the Governor ; and to furnish copies of 
laws, resolutions, dockets or papers when re- 
quested. 

138. What are the duties of the State Auditor? 

It is the duty of the State Auditor to examine, 
adjust and audit all accounts, claims and demands 
against the State, and to certify the true state of 
such accounts, claims and demands, and draw his 
warrant on the treasury in payment thereof. 



228 A SCHOOL MANUAL OF 

139. What are the duties of the State Treasurer? 

It is the duty of the State Treasurer to receive 
all State moneys, and pay them out on the order 
or warrant of the State Auditor. He also has 
charge of the money belonging to the State 
school, State Normal School and State University 
funds, and pays it out on the orders of the State 
School Fund Commissioners. 

140. Who examines the accounts and funds of the treas- 

ury department? 

An examining board consisting of the Gov- 
ernor, Auditor, and Secretary of State, once every 
month examines all accounts of the treasury de- 
partment. 

141. Any use of State funds in a manner contrary to law 

is how considered ? 

As statutory embezzlement. 

142. What is the duty of the Attorney General ? 

The Attorney General represents the State in 
court, and gives legal advice to county attorneys 
or other State officers when desired. 



LOCAL GOVERNMENT IN KANSAS. 229 

143. What is the duty of the State Superintendent of 

Public Instruction ? 

It is the duty of the State Superintendent of 
Public Instruction to manage the educational in- 
terests of the entire State; to distribute school 
funds to the different counties; to visit each 
county at least once in two years ; and to report 
to the Governor prior to each session of the Leg- 
islature. 

STATE BOARDS, COMMISSIONERS, INSPECTORS, ETC. 

144. Of what officers does the Executive Council consist? 

The Executive Council consists of the Gov- 
ernor, Secretary of State, State Auditor, State 
Treasurer, Attorney General, and Superintendent 
of Public Instruction. 

145. What is the duty of this Council ? 

(1) It has care of the State House and grounds, 
of the armory, and all State property not other- 
wise provided for; (2) it elects three Kailroad 
Commissioners ; (3) it advises and confirms some 
of the Governor's appointments. 



230 A SCHOOL MANUAL OF 

146. Who constitute the School Fund Commissioners? 

The Secretary of State, Superintendent of Pub- 
lic Instruction, and Attorney General. 

147. What is the duty of this Board ? 

They manage and invest the school funds of 
the State. 

148. Who constitute the State Board of Equalization ? 

The Secretary of State, State Auditor, and 
State Treasurer. 

149. What is the duty of the State Board of Equalization ? 

This board has power to correct all errors and 
redress all wrongs that may be proven in the as- 
sessment of taxes. 

150. How often do they meet? 

On the second Wednesday of July in each year, 
at the capitol. 

151. What is clone with the corrected rolls? 

They are returned to their respective counties. 



LOCAL GOVERjSQIENT LN" KANSAS. 231 

152. Who constitute the State Board of Canvassers ? 

The Governor, Secretary of State, State Audi- 
tor, State Treasurer, and Attorney General. 

153. What is the duty of this board ? 

To make the official count of all returns for 
State elections, and to issue certificates to persons 
declared elected. 

154. Who constitute the Sinking Fund Commissioners? 

The Governor, Secretary of State, and State 
Auditor. 

155. What are the duties of this board ? 

It is the duty of the Sinking Fund Commis- 
sioners, when State debts are incurred, to levy a 
tax to pay the interest on the same each year, 
and leave a surplus sufficient to meet the princi- 
pal when it becomes due. 

156. Who constitute the Board of Railroad Assessors? 

The Lieutenant Governor, Secretary of State, 
State Treasurer, State Auditor, and Attorney 
General. 



232 A SCHOOL MANUAL OF 

157. What is the duty of this board ? 

It is the duty of the Board of Kailroad Assess- 
ors to assess the property of all railroad corpora- 
tions in the State for the purposes of taxation. 

f 158. Who constitute the State Board of Charities? 

The State Board of Charities consists of five 
persons, holding office for three years, and ap- 
pointed by the Governor. 

159. What is the duty of the State Board of Charities? 

It is the duty of the State Board of Charities 
to control the following institutions : The Insane 
Asylum at Topeka; the Insane Asylum at Osa- 
watomie ; the Reform School, at Topeka ; the 
Institution for the Education of the Deaf and 
Dumb, at Olathe ; the Institution for the Educa- 
tion of the Blind, at Kansas City; the Asylum 
for Idiotic and Imbecile Youth, at Winfield ; the 
Industrial School for Girls, at Beloit; and the 
Soldiers' Orphans' Home, at Atchison. 



LOCAL GOVERNMENT IK KANSAS. 233 

160. Who constitute the Board of Railroad Commission- 

ers ? 

The Board of Railroad Commissioners consists 
of three persons, elected by the Executive Coun- 
cil for a term of three years. 

161. What is the duty of this board ? 

This board shall have the general supervision 
of all railroads in the State, operated by steam, 
and all express companies, sleeping-car companies, 
and all other persons, companies or corporations 
doing business as common carriers in this State. 

162. Who constitute the State Board of Public Works? 

The State Board of Public Works consists of 
three persons, appointed by the Governor for the 
term of four years. 

163. What is the duty of this board? 

This board has charge of all public buildings 
erected by the State. 

164. How many members compose the Military Board ? 
The Military Board consists of five members. 



234 A SCHOOL MANUAL OF 

165. Who constitute the State Board of Agriculture? 

Ten members, together with the President, 
Vice-President, Secretary, and Treasurer. The 
Governor and Secretary of State are ex officio 
members. 

166. What is the object of this board ? 

To promote the agricultural interests of the 
State. 

167. Who constitute the State Board of Pardons? 

Three persons, one of whom must be an attor- 
ney. 

168. Who appoints the members of the State Board of 

Pardons? 

The Governor. 

169. How long do they hold office \ 

At the pleasure of the Governor. 

170. When are its regular meetings? 

On the first Tuesdays of January, April, July 
and October of each year. 



LOCAL GOVEBlSTMEKT IN KANSAS. 235 

171. What is its duty? 

It is the duty of this board to examine all ap- 
plications for pardon in cases of felony, and re- 
port to the Governor. 

172. Does the Governor always act in accordance with its 

findings? 

The Governor generally accepts the recom- 
mendation of the board, although not required by 
law to do so. 

173. Whence does this Board receive its information ? 

From the Chaplain of the Penitentiary, who 
furnishes, every fifteen days, to the board, the 
record of every new prisoner. 

174. What further duty has the board ? 

It makes quarterly visits to the Penitentiary. 

175. Who compose the State Board of Health? 
Nine physicians, appointed by the Governor. 

176. How long is their term of office ? 
Three years. 



236 A SCHOOL MAXCAL OF 

177. How is their holding arranged? 

The holding is so arranged that three members 
are appointed each year. 

178. When and where is their annual meeting? 
In June, at Topeka. 

179. What is the duty of this board? 

To inspect public buildings, give authoritative 
directions and take all necessary precautions in 
regard to contagious diseases, and to collect sta- 
tistics and publish information. 

180. Who constitute the State Board of Dentistry? 

The State Board of Dentistry is composed of 
four persons, appointed by the Governor for a 
term of four years. 

181. What is the duty of this board? 

To have general supervision over the practice 
of dentistry. 

182. Who constitute the State Board of Pharmacy? 

The State Board of Pharmacy is composed of 
five persons, appointed by the Governor. 



LOCAL GOVERNMENT IN KANSAS. 237 

183. From whom is this board selected ? 

From a list of ten persons nominated by the 
Kansas State Pharmaceutical Association. 

184. How long is their term of office? 
Three years. 

185. Who compose the Live-Stock Sanitary Commission? 

This board consists of three persons, appointed 
by the Governor. 

186. What is its duty? 

To have supervision of the health of all live 
stock in the State. 

187. Who compose the State Board of Education? 

It consists of the State Superintendent of Pub- 
lic Instruction, the Chancellor of the State Uni- 
versity, the President of the State Agricultural 
College, and the President of the State Normal 
School. 

188. What authority has this board ? ♦ 
(1) To issue Stato diplomas to professional 



238 A SCHOOL MAXUAL OF 

teachers having the requisite qualifications: (2) 
to issue two grades of State certificates: (3) to 
prepare county examinations for teachers ; (4) to 
appoint instructors in county institutes. 

1S9. When does this board meet? 

At Topeka. on the fourth Monday in August 
in each year; and at other times and places, if 
necessary. 

190. Who appoints the State Fish Commissioner? 
The Governor. His term is two years. 

191. What are his duties? 

To examine rivers, lakes and streams with a 
view to increasing the fish supply, and to enforce 
the statutes regarding fish. 

192. Who appoint the State Silk Commissioner? 

The President and Secretary of the State Board 
of Agriculture, 

193. What is his duty? 

It is his duty to superintend experiments made 
in silk culture. 



LOCAL GOVERNMENT IN KANSAS. 239 

194. Who appoints the State Sugar Inspector? 

The Secretary of the State Board of Agricul- 
ture. 

195. What is his duty? 

To inspect and test all sugars offered for sale in 
Kansas. 

196. Who appoints the Commissioner of Forestry? 
The Governor appoints him, for two years. 

197. What is his duty? 

It is his duty to establish two experiment sta- 
tions in forestry, of not less than a quarter-section 
each ; to hold meetings in different parts of the 
State ; and to obtain and impart information as to 
the best methods of cultivating forest trees. 

198. Who appoints the Inspector of Oils? 

He is appointed for two years, by the Governor. 

199. What is his duty? 

It is his duty to test all petroleum oils offered 
for sale in the State. 



240 A SCHOOL MANUAL OF 

200. Who appoints the Adjutant General of the State 

Militia? 

The Governor. 

201. Where is the office of this officer? 
At the capitol. 

202. What are his duties? 

To have supervision of the organization, equip- 
ment, drill and active service of the militia. 

203. For how long is he appointed? 

For two years, at a salary of $1,500. 

204. Who appoints the State Agent at Washington? 
The Governor. 

205. What is his duty? 

To prosecute to final decision all disputed claims 
of the State against the United States. 

206. What is his salary? 

He has no salary, except commissions allowed 



LOCAL GOVERNMENT EN" KANSAS. 241 

by the Legislature on claims secured against the 
United States. 

207. Who appoints the State Mine Inspector? 

The Governor and the Executive Council ap- 
point this officer, for two years. 

208. What must be his qualifications? 

He must be at least thirty years old, and have 
had five years' experience in coal mines. 

209. What are his duties? 

He must visit each mine in the State at least 
twice a year, and make a report to the Governor 
relating to the mining interests of the State. 

210. Who appoints the Commissioner of Labor Statistics? 
The Governor appoints him, for two years. 

211. What is his duty? 

To collect information regarding all kinds of 
labor in the State. 



242 A SCHOOL MANUAL OF 

212. Who appoints the State Grain Inspector? 
The Governor, for the term of two years. 

213. What is his duty? 

To weigh and inspect grain. 

214. How is the State Printer elected ? 

He is chosen by the Legislature, for two years. 

215. What is his duty? 

To do all public printing. 

216. What is the object of the State Horticultural So- 

ciety? 

To collect and disseminate all information use- 
ful to fruit-raisers. 

217. What provision is made by the State for this society? 

It receives an annual appropriation from the 
State of about $1,335. 

218. What is the object of the Academy of Science? 

It is a department of the State Board of Agri- 



LOCAL GOVERNMENT IN KANSAS. 243 

culture, and its object is to further the advance- 
ment of science. 

219. Who appoints the State Veterinary Surgeon? 
The Governor. 

220. What is his duty? 

To secure the best means of avoiding the spread 
of contagious diseases among domestic animals. 

221. Who appoints the State Bank Commissioner? 
The Governor, for the term of four years. 

222. What is his duty? 

To have supervision of all State and private 
banks in the State of Kansas. 

223. Who appoints the State Superintendent of Insur- 

ance? 

The Governor, for four years. 

224. What is his duty? 

To investigate the condition of all insurance 
companies in the State. 



244 A SCHOOL MAXUAL OF 

225. Who appoints the Police Commissioners? 
The Governor, for two years. 

226. Who appoints the Commissioners of Election? 
The Governor appoints them, for four years. 

227. Who appoints the State House employes"? 

The Executive Council appoint all except the 
Ordnance Sergeant, in charge of the State Ar- 
senal, who is appointed by the Governor. 

22S. What is the object of the State Historical Society? 

To collect and preserve the materials of the his- 
tory, progress and development of Kansas. 

229. Who appoints the State Librarian I 

He is recommended by the Judges of the Su- 
preme Court and appointed by the Governor, for 
a term of four years. 

230. How is the University of Kansas supported? 

It is supported by State aid. The tuition is free 
to Kansas students. 



LOCAL GOVERNMENT IK KANSAS. 245 

231. Where is it situated ? 
At Lawrence. 

232. What does the University include? 

A school of Arts, a school of Law, a school of 
Engineering, a school of Pharmacy, and a school 
of Music and Painting. 

233. What is the object of the State Agricultural College? 

Its aim is " to teach such branches of learning 
as are related to agriculture and the mechanic 
arts," and its grounds are devoted to experiments 
in agriculture and horticulture. 

234. Where is this college located ? 
At Manhattan. 

235. Where is the State Normal School located? 
At Emporia. 

236. What is the object of the State Normal School ? 

This institution is a professional school, sup- 
ported by the State, in which students may re- 



246 LOCAL GOVERXMEXT IN KANSAS. 

ceive. at the least possible expense, an education 
and instruction in the best methods of organiz- 
ing, managing and teaching school. The diploma 
is a life certificate to teach in the public schools 
of the State. 



CONSTITUTION OF THE STATE OF KANSAS, 

Adopted at Wyandotte, July 29, 1859. 
Ordinance. 
Whereas, The government of the United States is the proprietor of a 
large proportion of the lands included in the limits of the state of 
Kansas as defined by this constitution; and, 
Whereas, The state of Kansas will possess the right to tax said lands 
for purposes of government, and for other purposes; now, therefore, 
Be it ordained by the people of Kansas, 

That the right of the state of Kansas to tax such lands, is relinquished 
forever, and the state of Kansas will not interfere with the title of the 
United States to such lands, nor with any regulation of congress in re- 
lation thereto, nor tax non-residents higher than residents; Provided 
always, That the following conditions be agreed to by congress: 

For School Sections. 

Section 1. Sections numbered sixteen and thirty-six in each town- 
ship in the state, including Indian reservations and trust lands, shall be 
granted to the state for the exclusive use of common schools; and when 
either of said sections, or any part thereof, has been disposed of, other 
lands of equal value, as nearly contiguous thereto as possible, shall be 
substituted therefor. 

For University Lands. 

Sec. 2. That seventy-two sections of land shall be granted to the state 
for the erection and maintenance of a state university. 

For Pnblic Buildings. 

Sec. 3. That thirty-six sections shall be granted to the state for the 
erection of public buildings. 

For Benevolent Institutions. 

Sec. 4. That seventy-two sections shall be granted to the state for the 
erection and maintenance of charitable and benevolent institutions. 

Salt Spring's. 

Sec. 5. That all salt springs, not exceeding twelve in number, with 
six sections of land adjacent to each, together with all mines, with the 
lands necessary for their full use, shall be granted to the state for works 
of public improvement. 

Proceeds for Schools. 

Sec. 6. That five per centum of the proceeds of the public lands in 
Kansas, disposed of after the admission of the state into the union, shall 



^48 STATE CONSTITUTION. 

be paid to the state for a fund, the income of which shall be used for 
the support of common schools. 

School Lands. 

Sec. 7. That the five hundred thousand acres of land to which the 
state is entitled under the act of congress entitled "An act to appropriate 
the proceeds of the sales of public lands and grant pre-emption rights," 
approved September 4th, 1841, shall be granted to the state for the sup- 
port of common schools. 

Selection. , 

Sec. 8. That the lands hereinbefore mentioned shall be selected in 
such manner as may be prescribed by law; such selections to be subject 
to the approval of the commissioner of the general land office of the 
United States. 

Preamble. 

We, the people of Kansas, grateful to Almighty God for our civil and 
religious privileges, in order to insure the full enjoyment of our rights as 
American citizens, do ordain and establish this constitution of the state 
of Kansas, with the following boundaries, to wit: Beginning at a point 
on the western boundary of the state of Missouri, where the thirty- 
seventh parallel of north latitude crosses the same; thence running west 
on said parallel to the twenty-fifth meridian of longitude west from 
Washington; thence north on said meridian to the fortieth parallel of 
north latitude; thence east on said parallel to the western boundary of 
the state of Missouri; thence south with the western boundary of said 
state to the place of beginning. 

Bill of Rights. 

Equal Rights. 

Section 1. All men are possessed of equal and inalienable natural, 
rights, among which are life, liberty, and the pursuit of happiness. 
(Atchison Street Rly. Co. v. Mo. Pac. Rly. Co., 31 K. 660.) 

Political Power; Privileges. 

Sec. 2. All political power is inherent in the people, and all free gov- 
ernments are founded on their authority, and are instituted for their 
equal protection and benefit. No special privileges or immunities shall 
ever be granted by the legislature, which may not be altered, revoked or 
repealed by the same body; and this power shall be exercised by no other 

tribunal or agency. 

( State ex rel. v. Nemaha Co., 7 K. 542. ) 

Right of Petition. 

Sec. 3. The people have the right to assemble, in a peaceable man- 
ner, to consult for their common good, to instruct their representatives, 



STATE CONSTITUTION. 249 

and to petition the government, or any department thereof, for the 
redress of grievances. 

Right to Bear Arms; Standing Armies. 

Sec. 4. The people have the right to bear arms for their defense and 
security; but standing armies, in time of peace, are dangerous to liberty, 
and shall not be tolerated, and the military shall be in strict subordina- 
tion to the civil power. 

Trial by Jury. 

Sec. 5. The right of trial by jury shall be inviolate. 

(State ex rel. v. City of Topeka, 36 K. 76; Kimball v. Connor, 3 K 414, 415; Akin 
v. Davis, 11 K. 581; Hixon v. George, 18 K. 253; In re Burrows, 33 K. 675; Atchison 
Street Rly. Co. v. Mo. Pac. Rly. Co., 31 K. 665; Carpenter v. Carpenter, 30 K. 712; In 
re Rolfs, 30 K. 758; C B. U. P. Rly. Co. v. A. T. & S. F. Rly. Co., 28 K. 453; State v. 
Snyder, 20 K. 306; Ross v. Crawford Co., 16 K. 411; Board of Education v. Scoville, 
13 K. 33; City of Emporia v. Volmer, 12 K. 622; State ex rel. v. Allen, 5 K. 213. ) 

Slavery Prohibited. 

Sec 6. There shall be no slavery in this state; and no involuntary 
servitude, except for the punishment of crime, whereof the party shall 
have been duly convicted. 

Religion* ^Liberty; No Property Qualifications. 

Sec 7. The right to worship God according to the dictates of con- 
science shall never be infringed; nor shall any person be compelled to 
attend or support any form of worship; nor shall any control of, or inter- 
ference with the rights of conscience be permitted, nor any preference be 
given by law to any religious establishment or mode of worship. No re- 
ligious test or property qualification shall be required for any office of 
public trust, nor for any vote at any election, nor shall any person be in- 
competent to testify on account of religious belief. 

(Anderson v. City of Wellington, 40 K. 173; Hackney v. Vawter, 39 K. 628; Feizel 
v. Church, 9 K. 592. ) 

Habeas Corpus. 

Sec 8. The right to the writ of habeas corpus shall not be suspended, 
unless the public safety requires it in case of invasion or rebellion. 

(In re Scrafford, 21 K. 735; In re Mitchell, McC. 256; Territory v. Cutter, McC. 
152.) 

Bail Allowed; No Excessive Fines nor Punishment. 

Sec 9. All persons shall be bailable by sufficient sureties except for 
capital offenses, where proof is evident or the presumption great. Ex- 
cessive bail shall not be required, nor excessive fines imposed, nor cruel 
or unusual punishment inflicted. 

Trial; Defense of Accused. 

Sec 10. In all prosecutions, the accused shall be allowed to appear 
and defend in person, or by counsel; to demand the nature and cause of 



250 STATE CONSTITUTION. 

the accusation against him; to meet the witness face to face, and to 

have compulsory process to compel the attendance of witnesses in his 
behalf, and a speedy public trial by an impartial jury of the county or 
district in which the offense is alleged to have been committed. Xo per- 
son shall be a witness against himself, or be twice put in jeopardy for the 
same offense. 

( State v. Knapp, 40 K. MS : State v. Simmons. 39 K. 262 : In re McMicken. 39 K. 406: 
State v. Tilney. 33 K. 715; State v. Mc^anght, 36 K. 624: State v. City of Topeka. 36 
K. 76; State v. Whisner, &5 K. 271; State v. McCool. 34 K. 613: In re Burrows, 33 K. 6T5: 
In re Donnelly, 30 K. 191 ; State v. Miller. 28 K. 47: State v. Wells, 28 K. 322; State v. 
Sterns, 28 K. 154; State v. Schweiter. 27 K. 499: Mundy v. Wright. 26 K. 173: City of 
Olathe v. Thomas. 26 K. 233: State v. Eoark. 23 K. 147: State v. Enth. 21 K. 5S3: In re 
Holcomb, 21 K. 628: In re Scrafford. 21 K. 735: State v. Adams. 20 K. 312; State v. 
Crosby, 17 K. 395: State v. Potter, 16 K. 80: State v. Jones. 16 K. 608: City of Olathe v. 
Adams. 15 K. 395: State v. Cutter. 13 K. 134: State v. Cassady, 12 K. 550; S;ate v. 
Medlicott, 9 K. 231 : State v. McCord, 8 K. 24.2, 243. ) 

Liberty of the Press: Law of Libel. 

Sec. 11. The liberty of the press shall be inviolate: and all persons 
may freely speak, write or publish their sentiments on all subjects, being 
responsible for the abuse of such right: and in all civil or criminal ac- 
tions for libel, the truth may be given in evidence to the jury, and if it 
shall appear that the alleged libelous matter was published for justifiable 
ends, the accused party shall be acquitted. 

( State v. Verry, 36 K. 416 ; State v. Mayberry, 33 K. 441 ; Mundy v. Wright, 23 K. 
173; Castle v. Houston, 19 K. 417. ) 

3fo Person Transported: Xo Forfeiture *f Estate. 

Sec 12. No person shall be transported from the state for any offense 
committed within the same, and no conviction in the state shall work a 
corruption of blood or forfeiture of estate. 

(State v. Snyder, &4 K. 425; State v. Estabrook, 29 K. 739. ) 

Treason Defined : Conviction for. 

Sec. 13. Treason shall consist only in levying war against the state, 
adhering to its enemies, or giving them aid and comfort. No person 
shall be convicted of treason unless on the evidence of two witnesses to 
the overt act, or confession in open court. 

Soldiers: Regulated by Law. 

Sec 14. No soldier shall, in time of peace, be quartered in any house 
without the consent of the occupant, nor in time of war, except as pre- 
scribed by law. 

Search and Seizure; Securities Against. 

Sec 15. The right of the people to be secure in their persons and 
property against unreasonable searches and seizures, shall be inviolate; 



STATE CONSTITUTION. 251 

and no warrant shall issue but on probable cause, supported by oath or 
affirmation, particularly describing the place to be searched and the per- 
sons or property to be seized. 

(State v. Skinner, 34 K. 265; State v. Brook?, 33 K. 708; State v. Gleason, 32 K. 
249; State v. Blackman, 32 K. 615; Greer v. McCarter, 5 K. 18. ) 

3To Imprisonment for Debt. 

Sec. 16. No person shall be imprisoned for debt except in cases of 
fraud. 

(In re Heath, 40 K. 337; In re Dassler, 35 K. 678; In re Boyd, 34 K. 570: In re 
Wheeler, 34 K. 96; In re Burrows, 33 K. 675; Atchison St. Ely. Co. v. Mo. Pac. Ely. 
Co , 31 K. 665; Tement v. Weymouth. 25 K. 21; Hauss v. Kohlar, 25 K. 640; Doyle v. 
Boyle, 19 K. 168; In re Eberhack, 17 K. 618; Arthur v. Hale, 6 K. 161, 165; Board of 
Education v. Scoville, 13 K. 33. ) 

Aliens May Hold Property. 

Sec. 17. No distinction shall ever be made between citizens of the 
state of Kansas and the citizens of other states and territories of the 
United States in reference to the purchase, enjoyment or descent of prop- 
erty. The rights of aliens in reference to the purchase, enjoyment or 
descent of property may be regulated by law. 

Adopted 1888. Original section 17 was as follows : ' ' § 17. Tso distinction shall ever 
be made between citizens and aliens in reference to the purchase, enjoyment or descent 
of proper;y." 

(Head v. Daniels, 38 K. 1. ) 

Justice Without Delay. 

Sec. 18. All persons, for injuries suffered in person, reputation or 
property, shall have remedy by due course of law, and justice adminis- 
tered without delay. 

(K. P. Ely. Co. v. Mower, 16 K. 582; Gilchrist v. Schmidling, 12 K. 264; Venard 
v, Cross, 8 K. 248; Leavenworth Co. v. Miller, 7 K. 490. ) 

3fo Hereditary Emoluments. 

Sec. 19. No hereditary emoluments, honors, or privileges shall ever 
be granted or conferred by the state. 

Powers not Delegated. 

Sec. 20. This enumeration of rights shall not be construed to impair 
or deny others retained by the people; and all powers not herein dele- 
gated remain with the people. 

(Atchison St. Ely. Co. v. Mo. Pac. Ptly. Co., 31 K. 660; Wright v. Noell, 16 K. 601; 
Franklin Co. v. Lathrop, 9 K. 453; Yenard v. Cross, 8 K. 248; Coleman v. Newby, 7 K. 
82; Leavenworth Co. v. Miller, 7 K. 479. ) 

Article 1. — Executive. 
Executive Department. 

Section" 1. The executive department shall consist of a governor, 
lieutenant governor, secretary of state, auditor, treasurer, attorney gen- 



252 STATE CONSTITUTION. 

eral, and superintendent of public instruction; who shall be chosen by 
the electors of the state at the time and place of voting for members of 
the legislature, and shall hold their offices for the term of two years from 
the second Monday of January, next after their election, and until their 
successors are elected and qualified. 

( Martin v. Ingham, 38 K. 641 ; Wheeler v. Brady, 15 K. 26 ; State v. McLaughlin, 
15 K. 232; Winans v. Williams, 5 K. 227; State ex rel. v. Robinson, 1 K. 17.) 

Election; Canvass; Tie. 

Sec. 2. Until otherwise provided by law, an abstract of the returns of 
every election, for the officers named in the foregoing section, shall be 
sealed up and transmitted by the clerks of the boards of canvassers of 
the several counties, to the secretary of state, who, with the lieutenant 
governor and attorney general shall constitute a board of state canvass- 
ers, whose duty it shall be to meet at the state capital on the second Tues- 
day of December succeeding each election for state officers and canvass 
the vote for such officers and proclaim the result; but in case any two or 
more have an equal and the highest number of votes, the legislature shall 
by joint ballot choose one of said persons so having an equal and the 
highest number of votes for said office. 

(Wheeler v. Brady, 15 K. 26; Prouty v. Stover, 11 K. 235.) 

Governor. 

Sec. 3. The supreme executive power of the state shall be vested in a 
governor, who shall see that the laws are faithfully executed. 
(Martin v. Ingham, 38 K. 641; Coleman v. Newby, 7 K. 82. ) 

May Require Information. 

Sec. 4. He may require information in writing from the officers of the 
executive department, upon any subject relating to their respective du- 
ties. 

Convene Legislature : Message. 

Sec. 5. He may, on extraordinary occasions, convene the legislature 
by proclamation, and shall, at the commencement of every session, com- 
municate in writing such information as he may possess in reference to 
the condition of the state, and recommend such measures as he may deem 
expedient. 

Adjourn Legislature. 

Sec. 6. In case of disagreement between the two houses in respect to 
the time of adjournment, he may adjourn the legislature to such time as 
he may think proper, not beyond its regular meeting. 

Pardons. 

Sec. 7. The pardoning power shall be vested in the governor, under 
regulations and restrictions prescribed by law. 



STATE CONSTITUTION. 253 

Seal of State. 

Sec. 8. There shall be a seal of the state, which shall be kept by the 
governor, and used by him officially; and which shall be the great seal of 
Kansas. 

Commissions ; Issued ; Signed. 

Sec. 9. All commissions shall be issued in the name of the state of 
Kansas: signed by the governor, countersigned by the secretary of state, 
and sealed with the great seal. 

Who Ineligible. 

Sec. 10. No member of congress, or officer of the state, or of the 
United States, shall hold the office of governor, except as herein provided. 
( State ex rel. v. Cobb, 2 K. 33. ) 

Vacancy ; Governor, 

Sec. 11. In case of the death, impeachment, resignation, removal or 
other disability of the governor, the power and duties of the office for the 
residue of the term, or until the disability shall be removed, shall devolve 
upon the president of the senate. 

Lieutenant Governor. 

Sec. 12. The lieutenant governor shall be president of the senate, and 
shall vote only when the senate is equally divided. The senate shall 
choose a president pro tempore, to preside in case of his absence or im- 
peachment, or when he shall hold the office of governor. 

(Leavenworth Co. v. Higginbotham, 17 K. 62.) 

Tacancy; Uentenant Governor. 

Sec. 13. If the lieutenant governor, while holding the office of gov- 
ernor, shall be impeached or displaced, or shall resign or die, or otherwise 
become incapable of performing the duties of the office: the president of 
the senate shall act as governor until the vacancy is filled, or the disabil- 
ity removed; and if the president of the senate, for any of the above 
causes, shall be rendered incapable of performing the duties pertaining 
to the office of governor, the same shall devolve upon the speaker of the 
house of representatives.* 

(Wheeler v. Brady, 15 K. 31. ) 

Other Vacancies. 

Sec. 14. Should either the secretary of state, auditor, treasurer, at- 
torney general, or superintendent of public instruction, become incapable 
of performing the duties of his office for any of the causes specified in 
the thirteenth section of this article, the governor shall fill the vacancy 
until the disability is removed, or a successor is elected and qualified. 



254 STATE CONSTITUTION. 

Every such vacancy shall be filled by election, at the first general elec- 
tion that occurs more than thirty clays after it shall have happened; and 
the person chosen shall hold the office for the unexpired term. 

(Wheeler v. Brady, 15 K. 31 ; Hagerty v. Arnold, 13 K. 367. ) 
Compensation. 

Sec. 15. The officers mentioned in this article shall, at stated times, 
receive for their services a compensation to be established by law, which 
shall neither be increased or diminished during the period for which they 
shall have been elected. 

Officers to Report. 

Sec. 16. The officers of the executive department, and of all public 
state institutions, shall, at least ten days preceding each regular session 
of the legislature, severally report to the governor who shall transmit 
such reports to the legislature. 

Aeticle 2. — Legislative. 
Legislative Power. 

Section 1. The legislative power of this state shall be vested in a 
house of representatives and senate. 

(Craft v. Lofinck, 34 K 365; Sanders v. Greenstreet, 23 K. 425; Sedgwick Co. v. 
Bunker, 16 K. 498; ISoffzigger v. McAllister, 12 K. 315; State ex rel. v. Pawnee Co.. 12 
K. 426; State ex rel. v. Ford Co., 12 K. 441; National Bank v. City of Iola, [U. S. Ct. 
Ct.] 9 K. 689; Harding v. Fnnk, 8 K. 315; Leavenworth Co. v. Miller, 7 K. 479; Winans 
v. Williams, 5 K. 227; Atchison v. Bartholow, 4 K. 124; State ex rel. v. Barker, 4 K. 
379; State v. Thompson, 2 K. 433; Shawnee Co. v. Carter, 2 K. 117. ) 

Senators and Representatives; X timber. 

Sec. 2. The number of representatives and senators shall be regulated 
by law, but shall never exceed one hundred and twenty-five representa- 
tives and forty senators. From and after the adoption of the amend- 
ment the house of representatives shall admit one member for each 
county, in which at least two hundred and fifty legal votes were cast at 
the next preceding general election; and each organized county in which 
less than two hundred legal votes were cast at the next preceding gen- 
eral election shall be attached to and constitute a part of the representa- 
tive district of the county lying next adjacent to it on the east. 

This section was submitted by the legislature at the session of 1873 (Laws 1873, 
cb.134), and was adopted by the people at the general election, held Nov. 4, 1873. 
Original se tion 2 was as follows : "§2. The first h use of representatives under this 
constitution shall consist of seventy-five members, who shall be chosen for one year. 
The first senate shall consist of twenty-five members, who shall be chosen for two 
years. After the first election, the number of senators and members of the house of 
representatives shall be regulated by law; but shall never exceed one hundred repre- 
sentatives and thirty-three senators." 

( State ex reL v. Francis, 26 K. 724 ; State v. Tomlinson, 20 K. 692 ; Wheeler v. Brady, 
15 K. 31. ) 



STATE CONSTITUTION. 255 

Compensation of Members. 

Sec. 3. The members of the legislature shall receive as compensatioD 
for their services the sum of three dollars for each day's actual service at 
any regular or special session, and fifteen cents for each mile traveled 
by the usual route in going to and returning from the place of meeting; 
but such compensation shall not in the aggregate exceed the sum of two 
hundred and forty dollars for each member as per diem allowance for 
the first session held under this constitution, nor more than one hundred 
and fifty dollars for each session thereafter, nor more than ninety dollars 
for any special session. 

Mast be Voter and Resident. 

Sec. 4. No person shall be a member of the legislature who is not at 
the time of his election a qualified voter of, and a resident in, the county 
or district for which he is elected. 

( Wright v. Noell, 16 K. 601 ; Wheeler v. Brady, 15 K. 31. ) 

Who not Eligible. 

Sec. 5. No member of congress or officer of the United States shall 
be eligible to a seat in the legislature. If any person after his election 
to the legislature, be elected to congress or elected or appointed to any 
office under the United States, his acceptance thereof shall vacate his 
seat. 

(Wheeler v. Brady, 15 K. 31; State ex rel. v. Cobb, 2 K. 33, 56. ) 

Embezzler not to Hold Seat. 

Sec. 6. No person convicted of embezzlement or misuse of the public 
funds shall have a seat in the legislature. 

Officers to Take Oath. 

Sec. 7. All state officers before entering upon their respective duties, 
shall take and subscribe an oath or affirmation to support the constitution 
of the United States and the constitution of this state, and faithfully to 
discharge the duties of their respective offices. 
Quorum; Rules. 

Sec. 8. A majority of each house shall constitute a quorum. Each 
house shall establish its own rules; and shall be judge of the elections, 
returns and qualifications of its own members. 

( State v. Tom inson, 20 K. 692; State ex rel. v. Francis, Treas., 26 K. 737; State ex 
rel. v. Gilmore, 20 K. 551 ; Wheeler v. Brady, 15 K. 31 ; Prouty v. Stover, 11 K. 235. ) 

Vacancies. 

Sec. 9. All vacancies occurring in either house shall be filled for the 
unexpired term by election. 



256 STATE CONSTITUTION. 

Journal; Yeas and Nays; Adjournment. 

Sec. 10. Each house shall keep and publish a journal of its proceed- 
ings. The yeas and nays shall be taken and entered immediately on the 
journal, upon the final passage of every bill or joint resolution. Neither 
house, without the consent of the other, shall adjourn for more than two 
days, Sundays excepted. 

( State ex rel. v. Francis, 26 K. 737; Haynes v. Heller, 12 K. 383, 392; Division of 
Howard Co., 15 K. 195, 214; Leavenworth Co. v. Higginbotham, 17 K. 62.) 

Protest; Right of. 

Sec. 11. Any member of either house shall have the right to protest 
against any act or resolution; and such protest shall, without delay or al- 
teration, be entered on the journal. 

Bills; How Originate; Amendments. 

Sec. 12. Bills may originate in either house, but may be amended or 
rejected by the other. 

This section was submitted by the legislature at the session of 1864 ( Laws 1864, 
ch. 44), and was adopted by the people at the general election, held November 8, 1864. 
Original section 12 was as follows: " § 12. All bills shall originate in the house of rep- 
resentatives, and be subject to amendment or rejection by the senate." 

Passage of Bills. 

Sec. 13. A majority of all the members elected to each house, voting 
in the affirmative, shall be necessary to pass any bill or joint resolution. 

( State ex rel. v. Francis, 26 K. 724 ; State ex rel. v. Tomlinson, 20 K. 692 ; Division 
of Howard Co., 15 K. 195; County Seat of Linn Co., 15 K. 500; Haynes v. Heller, 12 K. 
381 ; Prouty v. Stover, 11 K. 257. ) 

Bill to be Signed; Teto. 

Sec. 14. Every bill and joint resolution passed by the house of repre- 
sentatives and senate, shall, within two days thereafter, be signed by the 
presiding officers, and presented to the governor; if he approve, he shall 
sign it; but if not, he shall return it to the house of representatives, which 
shall enter the objections at large upon its journal and proceed to recon- 
sider the same. If, after such reconsideration, two-thirds of the mem- 
bers elected shall agree to pass the bill or resolution, it shall be sent, with 
the objections, to the senate, by which it shall likewise be reconsidered, 
and if approved by two-thirds of all the members elected, it shall become 
a law. But in all such cases, the vote shall be taken by yeas and nays, 
and entered upon the journals of each house. If any bill shall not be re- 
turned within three days, (Sundays excepted,) after it shall have been 
presented to the governor, it shall become a law in like manner as if he 



STATE CONSTITUTION. 257 

had signed it, unless the legislature, by its adjournment, prevent its re- 
turn, in which case it shall not become a law. 

( State v. Whisner, 35 K. 271; State ex rel. v. Francis, 26 K.724; Leavenworth Co. 
v. Higginbotham, 17 K.62; Division of Howard Co., 15 K.210; Prouty v. Stover, 11 K. 
257.) 

Reading* of Bills. 

Sec. 15. Every bill shall be read on three separate days in each house, 
unless in case of emergency. Two-thirds of the house where such bill is 
pending may, if deemed expedient, suspend the rules; but the reading 
of the bill by sections, on its final passage, shall in no case be dispensed 
with. 

( Weyand v. Stover, 35 K. 545.) 

Bill to Contain but one Subject; Amendments. 

Sec. 16. No bill shall contain more than one subject, which shall be 
ciearly expressed in its title, and no law shall be revived or amended, un- 
less the new act contain the entire act revived, or the section or sections 
amended, and the section or sections so amended shall be repealed. 

( State v. Comm'rs of Haskell Co., 40 K. 65; Mo. Pac. Rly. Co. v. Merrill, 40 K. 404; 
The State ex rel. v. Cross, 38 K. 696; Fox v. Cross, 39 K. 355; State v. Brown, 38 K 390; 
In re Hinkle, 31 K. 712; Weyand v. Stover, 35 K. 545; Ayres v. Commissioners, 37 K. 
240; Cherokee Co. v. State ex rel., 36 K. 337; City of Wichita v. Burleigh, 36 K. 34; 
Hardten v. The State, 32 K. 637; State v. Snyder, 34 K. 425; Jackson v. State, 30 K. 88; 
McGarry v. State, 37 K. 9; In re Wheeler, 34 K. 98; Werner v. Edmiston, 24 K. 147; 
Durein v. Pontious, 34 K. 353; In re Wood, 34 K. 645; John v. Reaser, 31 K. 406; In re 
Donnelly, 30 K. 426; Burroughs v. Comm'rs Norton Co., 29 K. 196; Jockers v. Borg- 
man, 29 K. 109; K. C. Ft. S. & G. Rid. Co. v. Tontz, Treas., 29 K. 460; State v. Hitch- 
cock, 1 K. 178; Beach v. Leahy, 11 K. 23; Norton Co. v. Shoemaker, 27 K. 77; Stephens 
v. Ballon, 27 K. 594; M. K. & T. Rly. Co. v. Long, 27 K. 684; State v. Barrett, 27 K. 213; 
Marion Co. v. Harvey Co., 26 K. 181; Keith v. Keith, 26 K. 27; Board of Education v. 
The State, 26 K. 44; Philpin v. McCarty, 24 K. 393; Shepard v. Helmers, 23 K. 504; 
State ex rel. v. Bankers' Ass'n, 23 K. 499; Woodruff v. Baldwin, 23 K. 491; State ex 
rel. v. Ewing, 22 K. 708; Burgess v. M. C. & N. W. Rid. Co., 18 K. 53, 57; Jefferson Co. 
v. Hudson, 20 K. 71, 75; Case v. Bartholow, 21 K. 300; Evans v. Adams, 21 K. 124; 
Martin v. Borgman, 21 K. 672; City of Eureka v. Davis, 21 K. 578; In re Holcomb, 
21 K. 628; Turner v. Davis, 21 K. 139; Swayze v. Britton, 17 K. 625; Bowman v. Cock- 
rill, 6 K. 334; Division of Howard Co., 15 K. 195; Sedgwick Co. v. Bailey, 13 K. 600; 
Gilleland v. Schuyler, 9 K. 569; State v. Boyle, 10 K. 113; State v. Crawford, 11 K. 32; 
City of Troy v. A. & N. Rid. Co., 11 K. 532; Sapp v. Morrill, 8 K. 6S4; Greer v. McCar* 
ter, 5 K. 17; McFarland v. State, 4 K. 68; Renter v. Bauer, 3 K. 503; Laurent v. State, 
1 K. 313. ) 

Uniform; Special Laws. 

Sec 17. All laws of a general nature shall have a uniform operation 
throughout the state; and in all cases where a general law can be made 
applicable, no special law shall be enacted. 

(Mo. Pac. Rly. Co. v. Merrill, 40 K. 409; A. T. & S. F. Rid. Co. v. Koehler, 37 K. 
463; State ex rel. v. Hunter, 38 K. 578; Beach v. Leahy, 11 K. 23; Comm'rs of Norton 
Ce- v. Shoemaker, 27 K. 77; Harvey v. Comm'rs of Rush Co., 32 K. 159; State ex rel. v. 



258 STATE CONSTITUTION. 

Cross, 38 K. 700; Mo. Pac. Ely. Co. \. Haley, 25 K. 35; Mo. Pac. Ely. Co. v. Mackey, 33 
K. 298; Mo. Pac. Ely. Co. v. Humes, 115 U. S. 512; City of Wichita v. Burleigh, 36 K. 34; 
State v. Snyder, 34 K. 425; Gray v. Crockett, 30 K. 138; Knowles v. Board of Education, 
33 K. 692; Darling v. Rodgers, 7 K. 592; Robinson v. Perry, 17 K. 248; Mann v. Corri- 
gan, 28 K. 194; McBride v. Reitz, 19 K. 123; Francis v. A. T. & S. F. Rid. Co., 19 K. 303; 
Keyes v. Snyder, 15 K. 143; Noffzigger v. McAllister, 12 K. 315; Gilmore v. Norton, 
10 K. 505; Leavenworth Co. v. Miller, 7 K. 479; Rice v. State, 3 K. 142; Kimball v. 
Connor, 3 K. 415; State v. Thompson, 2 K. 433; State ex rel. v. Hitchcock, 1 K. 178; 
State v. Young, 3 K. 445. ) 

Divorce; Jurisdiction of. 

Sec. 18. All power to grant divorces, is vested in the district courts, 
subject to regulation by law. 

(Ulrich v. Ulrich, 8 K. 402; In re Mitchell, McC. 256. ) 

Publication of Acts; Officers. 

Sec 19. The legislature shall prescribe the time when its acts shall 
be in force, and shall provide for the speedy publication of the same; and 
no law of a general nature, shall be in force until the same be published. 
It shall have the power to provide for the election or appointment of all 
officers, and the filling of all vacancies not otherwise provided for in this 
constitution. 

(Matthews v. Comm'rs, 34 K. 606; Davis v. Turner, 21 K. 131; Wheeler v. Brady, 
15 K. 31; Bond v. White, 8 K. 333; State ex rel. v. School Fund, 4 K. 261; State ex rel. 
v. Cobb, 2 K. 34.) 

Enacting 1 Clause. 

Sec. 20. The enacting clause of all laws shall be "Be it enacted by 
the legislature of the state of Kansas;" and no law shall be enacted ex- 
cept by bill. 

County Tribunals; Powers of Eocal Legislation. 

Sec. 21. The legislature may confer upon tribunals transacting the 
county business of the several counties, such powers of local legislation 
and administration as it shall deem expedient. 

(Fulkerson v. Harper Co., 31 K. 125; Ellis v. Reddin, 12 K. 306; Leavenworth Co. 
v. Miller, 7 K. 479. ) 

Privileges of Members. 

. Sec. 22. For any speech or debate in either house, the members shall 
not be questioned elsewhere. No member of the legislature shall be sub- 
ject to arrest — except for felony or breach of the peace — in going to, or 
returning from, the place of meeting, or during the continuance of the 
session; neither shall he be subject to the service of any civil process dur- 
ing the session, nor for fifteen days previous to its commencement. 
(McAnarney v. Caughenaur, 34 K. 623.) 



STATE CONSTITUTION. 259 

Schools; 3To Distinction between Sexes. 

Sec. 23. The legislature, in providing for the formation and regula- 
tion of schools, shall make no distinction between the rights of males 
and females. 

( Winans v. Williams. 5 K. 227 ; Board of Education v. Tinnon, 26 K. 1. ) 

Appropriation; for Two Years. 

Sec. 24. No money shall be drawn from the treasury, except in pur- 
suance of a specific appropriation made by law, and no appropriation 
shall be for a longer term than two years. 

This section was submitted by the legislature at the session of 1876 (Laws 1876, 
ch. 129), and was adopted by the people at the general election, held November 7, 1876. 
Original section 24 was as follows : " § 24. No money shall be drawn from the treasury, 
except in pursuance of a specific appropriation made by law; and no appropriation 
shall be for a longer term than one year." 

( Martin v. Francis, 13 K. 220. ) 

Sessions; Biennial; wben Commence. 

Sec. 25. All sessions of the legislature shall be held at the state cap- 
ital, and beginning with the session of eighteen hundred and seventy- 
seven, all regular sessions shall be held once in two years, commencing 
on the second Tuesday of January of each alternate year thereafter. 

This section was submitted by the legislature at the session of 1875, (Laws 1875, 
ch. 140), and was adopted by the people at the general election, held November 2, 1875. 
Original section 25 was as follows: " § 25. All sessions of the legislature shall be held 
at the state capital, and all regular sessions shall commence annually on the second 
Tuesday of January." 

Censns; every Ten Years. 

Sec. 26. The legislature shall provide for taking an enumeration of 
the inhabitants of the state at least once in ten years. The first enumer- 
ation shall be taken in A. D. 1865. 

( State v. Francis, 26 K. 727; County Seat of Linn County, 15 K. 500. ) 

Impeachment; Trial of. 

Sec. 27. The house of representatives shall have the sole power to 
impeach. All impeachments shall be tried by the senate; and when sit- 
ting for that purpose, the senators shall take an oath to do justice accord- 
ing to the law and the evidence. No person shall be convicted without 
the concurrence of two-thirds of the senators elected. 

(Prouty y. Stover, 11 K. 235; State ex rel. v. Hillyer, 2 K. 17. ) 

Impeachment; Punishment. 

Sec. 28. The governor and all othor officers under this constitution, 
shall be subject to impeachment for any misdemeanor in office; but judg- 
ment in all such cases shall not be extended further than to removal from 
office and disqualification to hold any office of profit, honor or trust under 



260 STATE CONSTITUTION. 

this constitution; but the party, whether acquitted or convicted, shall be 
liable to indictment, trial, judgment and punishment, according to law. 

Terms; Representatives and Senators. 

Sec. 29. At the general election held in eighteen hundred and seven- 
ty-six, and thereafter, members of the house of representatives shall be 
elected for two years, and members of the senate shall be elected for 
four years. 

This section is an additional section to article 2; it was submitted by the legisla- 
ture at the session of 1875 (Laws 1875, ch. 140), and was adopted by the people at the 
general election, held November 2, 1875. 

Article 3. — Judicial. 
Judicial Power. 

Section 1. The judicial power of this state shall be vested in a su- 
preme court, district courts, probate courts, justices of the peace, and such 
other courts, interior to the supreme court, as may be provided by law; 
and all courts of record shall have a seal to be used in the authentication 
of all process. 

(Matthews v. Comm'rs of Shawnee Co., 34 K. 610; Auditor v. A. T. & S. F. Eld. 
Co., 6 K. 500; Wilson v. Price Raid Com., 31 K. 257; bedgwick Co. v. Bunker, 16 K. 498; 
Anthony v. Halderman, 7 K. 50; Coleman v. Newby, 7 K. 82; Leavenworth Co. v. Mil- 
ler, 7 K. 479; Amrine v. K. P. Ely. Co., 7 K. 178; Gulf Eld. Co. v. Morris, 7 K. 210; 
Steele v. Martin, 6 K. 430; Malone v. Murphy, 2 K. 250. ) 

Supreme Court. 

Sec. 2. The supreme court shall consist of one chief justice and two 
associate justices (a majority of whom shall constitute a quorum,) who 
shall be elected by the electors of the state at large, and whose term of 
office, after the first, shall be six years. At the first election, a chief jus- 
tice shall be chosen for six years, one associate justice for four years, and 
one for two years. 

( State ex rel. v. Allen, 5 K. 213. ) 

Jurisdiction and Terms of Supreme Court. 

Sec. 3. The supreme court shall have original jurisdiction in proceed- 
ings in quo warranto, mandamus, and habeas carpus; and such appellate 
jurisdiction as may be provided by law. It shall hold one term each 
year at the seat of government and such other terms at such places as 
may be provided by law, and its jurisdiction shall be co-extensive with 

the state. 

(Foster v. Moore, 32 K. 483; Wilson v. Price Raid Aud. Comm'n, 31 K. 257; State 
v. City of Topeka, 31 K. 452; State ex rel. v. Wilson, 30 K. 661; City of Leavenworth 
v. Weaver, 26 K. 392; State v. Crosby, 17 K. 396; Shoemaker v. Brown, 10 K 383; Ul- 



STATE CONSTITUTION. 261 

rich v. Ulrich, 8 K. 408; McCulloch v. Dodge, 6 K. 476; State v. Allen, 5 K. 213; State 
ex rel. v. Cobb, 2 K. 34. ) 

Reporter and Clerk: of Supreme Court. 

Sec. 4. There shall be appointed, by the justices of the supreme court, 
a reporter and clerk of said court, who shall hold their offices two years, 
and whose duties shall be prescribed by law. 

District Judges. 

Sec. 5. The state shall be divided into five judicial districts, in each 
of which there shall be elected, by the electors thereof, a district judge, 
who shall hold his office for the term of four years. District courts shall 
be held at such times and places as may be provided by law. 

(In re Millington, 24 K. 224; State v. Buth, 21 K. 583; Peters v. Board of Canvass- 
ers. 17 K. 365; Bawden v. Stewart, 14 K. 355; State ex rel. v. Thoman, 10 K. 191. ) 

Jurisdiction of District Courts. 

Sec. 6. The district courts shall have such jurisdiction in their re- 
spective districts as may be provided by law. 

(In re Millington, 24 K. 214; Evans v. Adams, 21 K. 119; Young v. Ledrick, 14 K. 
92; A. T. & S. F. Rid. Co. v. Rice, 36 K. 593. ) 

Cleric of District Court. 

Sec. 7. There shall be elected in each organized county, a clerk of 
the district court, who shall hold his office two years, and whose duties 
shall be prescribed by law. 

(State v.Ruth, 21 K. 588.) 

Probate Court. 

Sec. 8. There shall be a probate court in each county, which shall be 
a court of record, and have such probate jurisdiction and care of estates 
of deceased persons, minors, and persons of unsound minds, as may be 
prescribed by law: and shall have jurisdiction in cases of habeas corpus. 
This court shall consist of one judge, who shall be elected by the quali- 
fied voters of the county, and hold his office two years. He shall be his 
own clerk, and shall hold court at such times and receive for compensa- 
tion such fees, as may be prescribed by law. 

(Intox. Liquor Cases. 25 K. 751 ; Fudge v. Fudge, 23 K. 415; Wheeler v. Brady, 15 
K. 31 : Young v. Ledrick, 14 K. 92; Carr v. Catlin, 13 K. 404; In re Johnson, 12 K. 102; 
Shoemaker v. Brown, 10 K. 393. ) 

Justices of tlie Peace. 

Sec. 9. Two justices of the peace shall be elected in each township, 
whose term of office shall be two years, and whose powers and duties 
shall be prescribed by law. The number of justices of the peace may be 
increased in any township by law. 

(A. T. & S. F. Rid. Co. v. Rice. 36 K. 597; In re Donnelly, 30 K. 434; Phillips v. 
Thralls. 26 K. 780; Evans v. Adams, 21 K. 119; Odell v. Dodge, 16 K. 446; Borton y. 
Bu.k,8K.302.) 



262 -TATE CONSTITUTION. 

Appeals from Probate Courts and Justices. 

Sec. 10. All appeals Cram probate courts and justices of the peace 
shall be to the district court. 

(State v. Harpsrer, 15 K 328; Auditor v. A. T. A S. P. Kid. Co., 6 K. 500; Crane v. 
Giles. 3 K. St.] 

Election of Jndicial Officers; Tacancies. 

Sec. 11. All the judicial, officers provided for by this article shall be 

elected at the first election under this constitution, and shall reside in 

- townships, counties or districts during their respective 

terms of office. In case of vacancy in any judicial office, it shall be filled 

:ment of the governor until the next regular election that shall 

occur more than thirty days after such vacancy shall have happened. 

( A. T. & S. F. Eld. Co. v. Rice, 36 K 593: Ward v. Clark, 35 K 316; Matthews v. 
Comm'rs of - Jl, 94 K. 606; S Smith v. Holt, 

Q4K. :?!: Peters v. B.rd of Canvassers, 17 K. 365: Wright v.Noell, 16 K. 601; Bawden 

swart, 14 K 355: H?.g-r:y v. Arnold, 13 K. 367: Frazer v. Miller, 12 K. 459: State 
ex reL v. Thoman, 10 K 191 ; Borton v. Buck. S K.3.2: State ex reL v. Cobb, 2 K. 32. ) 

Sold nntil Successors are Qualified. 

Sec. 12. All judicial officers shall hold their offices until their suc- 
cessors shall have been qualified. 

( Matthews v. Com: 4 K. 606 : State ex reL v. Claytcn. 27 K 442 : Rhein- 

hart v. State, 14 K. 31S: State ex reL v. Thoman, 10 K. 192; Borton v. Buck,. 8 K. 302. ) 

Compensation of Judges : Shall Hold no Other Office. 

Sec. 13. The justices of the supreme court and judges of the district 
court shall, at stated times, receive for their services such compensation 
as may be provided by law. which shall not be increased during their re- 
::ve terms of office: Provided, Such compensation shall not be less 
than fifteen hundred dollars to each justice or judge, each year, and such 
judges shall receive no fees r perquisites nor hold any other 
office of profit or trust under the authority of the state, or the United 
States, during the term of office for which such justices and judges shall 
be elected, nor practice law in any of the courts in the state during their 

( State v. Forbrig^er. 34 K. 1 : Harvey v. Ensh Co.. 32 K. 159: Auditor v. A. T. & S. 
F. Kid .son v. Price Eaid And. Com.. 31 K 258; Intox. Liquor Cases, 

25 K. 751 ; State ex reL v. Thoman, 10 K. 191 ; State ex reL v. Cobb, 2 K 33. ) 

Jndicial Districts. 

Sec. 14. Provision may be made by I tie increase of the num- 

ber of judicial districts whenever two-thirds of the members of each house 
U coucur. Such -hall be formed of compact territory and 



STATE CONSTITUTION. 263 

bounded by county lines, and such increase shall not vacate the office of 
any judge. 

( Pelham v. Commissioners, 36 K. 104 ; In re Vanderburg, 28 K. 243 ; In re Holcomb, 
21 K. 628. ) 

Removal of Judges. 

Sec. 15. Justices of the supreme court and judges of the district courts 
may be removed from office by resolution of both houses, if two-thirds of 
the members of each house concur. But no such removal shall be made 
except upon complaint, the substance of which shall be entered upon the 
journal, nor until the party charged shall have had notice and opportu- 
nity to be heard. 

(Prouty v. Stover, 11 K. 257. ) 

Jurisdiction at Chambers. 
Sec. 16. The several justices and judges of the courts of record in 
this state shall have such jurisdiction at chambers as may be provided by 
law. 

(In re Heath, 40 K. 337; State ex rel. v. Stevens, 40 K 113; In re Price, 40 K. 156; 
State v. Burrows, 33 K. 10; In re Millington, 24 K. 214; State v. Cutler, 13 K. 131. ) 

Style of Process. 

Sec. 17. The style of all process shall be "The State of Kansas," and 
all prosecutions shall be carried on in the name of the state. 

(Neitzel v. City of Concordia, 14 K. 448; City of Emporia v. Yolmer, 12 K. 628; 
Truitt v. Baird, 12 K. 422; State v. Commissioners, 11 K. 71; State v. Jefferson Co., 11 
K. 66. ) 

Districts Created. 

Sec. 18. Until otherwise provided by law, the first district shall con- 
sist of the counties of Wyandotte, Leavenworth, Jefferson and Jackson. 
The second district shall consist of the counties of Atchison, Doniphan, 
Brown, Nemaha, Marshall and Washington. The third district shall 
consist of the counties of Pottawatomie, Riley, Clay, Dickinson, Davis, 
Wabaunsee and Shawnee. The fourth district shall consist of the coun- 
ties of Douglas, Johnson, Lykins, Franklin, Anderson, Linn, Bourbon 
and Allen. The fifth district shall consist of the counties of Osage, Cof- 
fey, Woodson, Greenwood, Madison, Breckenridge, Morris, Chase, Butler 
and Hunter. 

Unorganized Conn ties. 

Sec. 19. New or unorganized counties shall, by law, be attached for 
judicial purposes, to the most convenient judicial district. 

(In re Schurinan, 40 K. 533; State v. Bunker, 38 K. 737; Pelham v. Commission- 
ers, 36 K. 104; In re Wood, 34 K. 645; State v. Ruth, 21 K. 583; In re Holcomb, 21 K. 
628.) 



264 STATE CONSTITUTION. 

Judge Pro Tern. 

Sec. 20. Provision shall be made by law for the selection, by the bar, 
of a pro tern, judge of the district court, when the judge is absent or oth- 
erwise unable or disqualified to sit in any case. 

( State v. Palmer, 40 K. 474; Higby v. Ayres, 14 K. 331 ; Peyton's Appeal, 12 K. 408; 
K. P. Rly. Co. v. Reynolds, 8 K. 628. ) 

Article 4. — Elections. 

By Ballot; Viva Voce. 

Section 1. All elections by the people shall be by ballot, and all elec- 
tions by the legislature shall be viva voce. 

Times of General and Township. 

Sec. 2. General elections shall be held annually on the Tuesday suc- 
ceeding- the first Monday in November. Township elections shall be 
held on the first Tuesday in April, until otherwise provided by law. 

(State v. Foster, 36 K. 504; State v. Cobb, 2 K. 32; Bond v. White, 8 K. 33; State 
v. Thoman, 10 K. 191; State ex rel. v. Mechem, 31 K. 435; Morgan v. Comm'rs Pratt 
Co., 24 K. 71 ; Winans v. Williams, 5 K. 227. ) 

Article 5. — Suffrage. 
Qualifications of Elector. 

Section 1. Every white male person of twenty-one years and up- 
wards belonging to either of the following classes — who shall have re- 
sided in Kansas six months next preceding any election, and in the 
township or ward in which he offers to vote, at least thirty days next 
preceding such election — shall be deemed a qualified elector. 

1st. Citizens of the United States. 

2d. Persons of foreign birth who shall have declared their intention 
to become citizens conformably to the laws of the United States on the 
subject of naturalization. 

(State ex rel. v. Stock, 38 K. 180; Wheeler v. Brady, 15 K. 26; Anthony v. Haider- 
man, 7 K. 50; Hunt v. Richards, 4 K. 549. ) 

Who not Qualified. 

Sec. 2. No person under guardianship, non compos mentis, or insane; 
no person convicted of felony, unless restored to civil rights; no person 
who has been dishonorably discharged from the service of the United 
States, unless reinstated; no person guilty of defrauding the government 
of the United States, or any of the states thereof; no person guilty of 
giving or receiving a bribe, or offering to give or receive a bribe; and no 
person who has ever voluntarily borne arms against the government of 
the United States, or in any manner voluntarily aided or abetted in the 



State constitution. 265 

attempted overthrow of said government, except all persons who have 
been honorably discharged from the military service of the United States 
since the first day of April, A. D. 1861, provided that they have served one 
year or more therein, shall be qualified to vote or hold office in this state, 
until such disability shall be removed by a law passed by a vote of two- 
thirds of all the members of both branches of the legislature. 

This section was submitted by the legislature at the session of 1867, senate jour- 
nal 1867, p. 550 (it is not printed in the session laws of 1867), and was adopted by the 
people at the election held November 5, 1867. Original section 2 was as follows: 
"§2. No person under guardianship, non compos mentis or insane shall be qualified 
to vote ; nor any person convicted of treason or felony, unless restored to civil rights." 

(Privett v. Bickford, 26 K. 52; Privett v. Stevens, 25 K. 275; Wright v. Noell, 16 
K606.) 

Citizens in Military Service and Absent. 

Sec. 3. For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while em- 
ployed in the service of the United States, nor while engaged in the navi- 
gation of the waters of this state, or of the United States, or of the high 
seas, nor while a student of any seminary of learning, nor while kept at 
any almshouse or other asylum at public expense, nor while confined in 
any public prison; and the legislature may make provision for taking the 
votes of electors who may be absent from their townships or wards, in 
the volunteer military service of the United States, or the militia service 
of this state; but nothing herein contained shall be deemed to allow any 
soldier, seaman or marine in the regular army or navy of the United 
States the right to vote. 

This section was submitted by the legislature at the session of 1864 (Laws 1864, 
ch.45), and was adopted by the people at the general election held November 8, 1864. 
Original section 3 was as follows: "§3. No soldier, seaman or marine in the army or 
navy of the United States, or of their allies, shall be deemed to have acquired a resi- 
dence in the state in consequence of being stationed within the same; nor shall any 
soldier, seaman or marine have the right to vote." 

(Hunt v. Richards, 4 K. 549. ) 

Proof of Right. 

Sec. 4. The legislature shall pass such laws as may be necessary for 
ascertaining by proper proofs, the citizens who shall be entitled to the 
right of suffrage hereby established. 

(State v. Butts, 31 K 537; County Seat of Linn Co., 15 K. 500. ) 

Duelists Ineligible to Office. 

Sec. 5. Every person who shall give or accept a challenge to fight a 
duel, or who shall knowingly carry to another person such challenge, or 



266 STATE CONSTITUTION. 

shall go out of the state to fight a duel, shall be ineligible to any office of 
trust or profit 

Bribery; Disqualification. 

Sec. 6. Every person who shall have given or offered a bribe to pro- 
cure his election, shall be disqualified from holding office during the term 
for which he may have been elected. 

Electors Privileged. 

Sec. 7. Electors, during their attendance at elections, and in going to 
aud returning therefrom, shall be privileged from arrest in all cases ex- 
cept treason, felony, or breach of the peace. 

Article 6. — Education. 

State and County Superintendent. 

Section 1. The state superintendent of public instruction shall have 
the general supervision of the common school funds and educational in- 
terests of the state, and perform such other duties as may be prescribed 
by law. A superintendent of public instruction shall be elected in each 
county, whose term of office shall be two years, and whose duties and 
compensation shall be prescribed by law. 

(Wright v. Koell, 16 K. 601 ; Wheeler v. Brady, 15 K. 26; Winans v. Williams, 5 K. 
227.) 

Schools to be Established. 

Sec. 2. The legislature shall encourage the promotion of intellectual, 
moral, scientific and agricultural improvement, by establishing a uniform 
system of common schools, and schools of a higher grade, embracing nor- 
mal, preparatory, collegiate and university departments. 

Proceeds of School Lands. 

Sec. 3. The proceeds of all lands that have been, or may be, granted 
by the United States to the state, for the support of schools, and the five 
hundred thousand acres of land granted to the new states, under an act 
of congress distributing the proceeds of public lands among the several 
states of the union, approved September 4, A. D. 1841, and all estates of 
persons dying without heir or will, and such per cent, as may be granted 
by congress, on the sale of lands in this state, shall be the common prop- 
erty of the state, and shall be a perpetual school fund, which shall not be 
diminished, but the interest of which, together with all the rents of the 
lands, and such other means as the legislature may provide, by tax or 
otherwise, shall be inviolably appropriated to the support of common 
schools. 

( State ex reL v. Ewing, 22 K. 708. ) 



STATE CONSTITUTION. 267 

Income of State School Fund*. 

Sec. 4. The income of the state school funds shall be disbursed an- 
nually, by order of the state superintendent, to the several county treas- 
urers, and thence to the treasurers of the several school districts, in 
equitable proportion to the number of children and youth resident there- 
in, between the ages of five and twenty-one years: Provided, That no 
school district, in which a common school has not been maintained at 
least three months in each year, shall be entitled to receive any portion 
of such funds. 

Disposal of L.ands. 

Sec. 5. The school lands shall not be sold unless such sale shall be 
authorized by a vote of the people at a general election; but, subject to 
re-valuation every five years, they may be leased for any number of years 
not exceeding twenty-five, at a rate established by law. 

Money Applied to School*. 

Sec. 6. All money which shall be paid by persons as an equivalent 
for exemption from military duty; the clear proceeds of estrays, owner- 
ship of which shall vest in the taker-up; and the proceeds of fines for 
any breach of the penal laws, shall be exclusively applied in the several 
counties in which the money is paid or fines collected, to the support of 
common schools. 

( A. T. & S. F. Eld. Co. v. State, 22 K. 1. ) 

State University to be Provided for. 

Sec. 7. Provision shall be made by law for the establishment, at some 
eligible and central point, of a state university, for the promotion of liter- 
ature, and the arts and sciences, including a normal and an agricultural 
department. All funds arising from the sale or rents of lands granted 
by the United States to the state for the support of a state university, 
and all other grants, donations or bequests, either by the state or by in- 
dividuals, for such purpose, shall remain a perpetual fund, to be called 
the "university fund;" the interest of which shall be appropriated to the 
support of the state university. 

Jfo Sectarian Control of Funds. 

Sec. 8. No religious sect or sects shall ever control any part of the 
common school or university funds of the state. 

Investment of Fnnds. 

Sec. 9. The state superintendent of public instruction, secretary of 
state and attorney general shall constitute a board of commissioners, for 



268 STATE CONSTITUTION. 

the management and investment of the school funds. Any two of said 
commissioners shall be a quorum. 



Article 7. — Public Institutions. 
Benevolent Institutions. 

Section 1. Institutions for the benefit of the insane, blind, and deaf 
and dumb, and such other benevolent institutions as the public good may- 
require, shall be fostered and supported by the state, subject to such regu- 
lations as may be prescribed by law. Trustees of such benevolent insti- 
tutions as may be hereafter created, shall be appointed by the governor, 
by and with the advice aud consent of the senate; and upon all nomi- 
nations made by the governor, the question shall be taken in yeas and 
nays, and entered upon the journal. 

(Wheeler v. Brady, 15 K. 31. ) 

Penitentiary. 

Sec. 2. A penitentiary shall be established, the directors of which 
shall be appointed or elected, as prescribed by law. 
( Millar v. State, 2 K. 169 ; Wheeler v. Brady, 15 K. 31. ) 

Vacancies in Office. 

Sec. 3. The governor shall fill any vacancy that may occur in the of- 
fices aforesaid, until the next session of the legislature, and until a suc- 
cessor to his appointee, shall be confirmed and qualified. 

Aged and Infirm to be Provided for. 

Sec. 4. The respective counties of the state shall provide, as may be 
prescribed by law, for those inhabitants, who, by reason of age, infirmity, 
or other misfortune, may have claims upon the sympathy and aid of so- 
ciety. 

( State ex rel. v. Osawkee Township, 14 K. 418. ) 

Article 8. — Militia. 
How Composed: Exemption. 

Section 1. The militia shall be composed of all able-bodied male cit- 
izens between the ages of twenty-one and forty-five years, except such as 
are exempted by the laws of the United States or of this state; but all 
citizens of any religious denomination whatever who from scruples of 
conscience may be averse to bearing arms shall be exempted therefrom 
upon such conditions as may be prescribed by law. 

Adopted in 1888. The original section had the word "white" before "male" in 
first line. 



STATE CONSTITUTION. 269 

O r sr a n i zation . 

Sec. 2. The legislature shall provide for organizing, equipping and 
disciplining the militia in such manner as it shall deem expedient not in- 
compatible with the laws of the United States. 

Officers. 

Sec. 3. Officers of the militia shall be elected or appointed, and com- 
missioned in such manner as may be provided by law. 

Commander in Chief. 
Sec. 4. The governor shall be commander in chief, and shall have 
power to call out the militia to execute the laws, to suppress insurrection, 
and to repel invasion. 

Article 9. — County and Township Organization. 

New Counties; County Seats; Area. 

Section 1. The legislature shall provide for organizing new coun- 
ties, locating county seats, and changing county lines; but no county seat 
shall be changed without the consent of a majority of the electors of the 
county; nor any county organized, nor the lines of any county changed 
so as to include an area of less than four hundred and thirty-two square 
miles. 

(The State ex rel. v. Harper Co., 34 K. 304; School District v. State, 29 K. 57; State 
ex rel. v. St. John, 21 K. 591; County Seat of Osage Co., 16 K. 296; County Seat of 
Linn Co., 15 K. 500; Division of Howard Co., 15 K. 195; State ex rel. v. Pawnee Co., 
12 K. 426. ) 

County and Township Officers. 

Sec 2. The legislature shall provide for such county and township 
officers as may be necessary. 

( Keating v. Marb'e, 39 K. 374; Borton v. Buck, 8 K. 303; Leavenworth Co. v. State, 
5 K. 6S8; State ex rel. v. Pawnee Co., 12 K. 438.) 

County Officers; Terms. 

Sec. 3. All county officers shall hold their offices for the term of two 
years, and until their successors shall be qualified, except county commis- 
sioners, who shall hold their offices for the term of three years: Provided, 
That at the general election in the year eighteen hundred and seventy- 
seven the commissioner elected from district number one in each county 
shall hold his office for the term of one year, the commissioner elected 
from district number two in each county shall hold his office for the term 
of two years, and the commissioner elected from district number three in 
each county shall hold his office for the term of three years; but no per- 



270 STATE CONSTITUTION. 

son shall hold the office of sheriff or county treasurer for more than two 
consecutive terms. 

This section was submitted by the legislature at the session of 1876 (Laws 1876, 
ch. 129), and was adopted by the people at the general election he'id November 7, 1876. 
The original section 3 was as follows: "§3. All county officers shall hold the.r 
offices for the term of two years, and until their successors shall be qualified; but no 
person shall hold the office of sheriff or county treasurer for more than two consec- 
utive terms." 

(KeatiDg v. Marble. 39 K. 374; Fuller v. Miller, 32 K. 130; Horton v. Watson, 23 K. 
239; Hagerty v. Arn Id, 13 K. 367; Comm'rs of Ottawa Co. v. Nelson, 19 K. 242; State 
ex rel. v. Conn, 14 K. 217; Leavenworth Co. v. Latta, 5 K. 638; Leavenworth Co. v 
Miller, 5 K. 688; Bond v. White, 8 K. 333.) 

Township Officers. 

Sec. 4. Township officers, except justices of the peace, shall hold 
their offices one year from the Monday next succeeding their election, 
and until their successors are qualified. 

( A. T. & S. F. Rid. Co. v. Rice, 36 K. 596; Odell v. Dodge, 16 K. 448; Wheeler v. 
Brady, 15 K. 31.) 

Removal. 

Sec 5. All county and township officers may be removed from office, 
in such manner and for such cause, as shall be prescribed by law. 

( State ex rel. v. Majors, 16 K. 440.) 

Article 10. — Apportionment. 

Each County to be Represented; Districts. 

Section 1. In the future apportionment of the state, each organized 
county shall have at least one representative; and each county shall be 
divided into as many districts as it has representatives. 

(Prouty v. Stover, 11 K. 235.) 

Apportionment. 

Sec. 2. It shall be the duty of the first legislature to make an appor- 
tionment, based upon the census ordered by the last legislative assem- 
bly of the territory; and a new apportionment shall be made in the year 
1866, and every five years thereafter, based upon the census of the pre- 
ceding year. 

(Prouty v. Stover, 11 K. 235.) 

Districts Defined. 

Sec. 3. Until there shall be a new apportionment, the state shall be 
divided into election districts; and the representatives and senators shall 
be apportioned among the several districts as follows, viz.: 

1st district, Doniphan, 4 representatives, 2 senators; 



STATE CONSTITUTION. 27l 

2d district, Atchison and Brown, 6 representatives, 2 senators; 

3d district, Nemaha, Marshall and Washington, 2 representatives, 1 
senator; 

4th district, Clay, Riley and Pottawatomie, 4 representatives, 1 sena- 
tor; 

5th district, Dickinson, Davis and Wabaunsee, 3 representatives, 1 
senator; 

6th district, Shawnee, Jackson and Jefferson, 8 representatives, 2 sen- 
ators; 

7th district, Leavenworth, 9 representatives, 3 senators; 

8th district, Douglas, Johnson and Wyandotte, 13 representatives, 4 
senators; 

9th district, Lykins, Linn and Bourbon, 9 representatives, 3 senators; 

10th district, Allen, Anderson and Franklin, 6 representatives, 2 sen- 
ators; 

11th district, Woodson and Madison, 2 representatives, 1 senator; 

12th district, Coffey, Osage and Breckenridge, 6 representatives, 2 
senators; 

13th district, Morris, Chase and Butler, 2 representatives, 1 senator; 

14th district, Arrapahoe, Godfrey, Greenwood, Hunter, Wilson, Dora 
and McGee, 1 representative. 



Article 11. — Finance and Taxation. 

Taxation Equal: Exemption. 

Section 1. The legislature shall provide for a uniform and equal rate 
of assessment and taxation; but all property used exclusively for state, 
county, municipal, literary, educational, scientific, religious, benevolent 
and charitable purposes, and personal property to the amount of at least 
two hundred dollars for each family, shall be exempt from taxation. 

(Beebe v. Wells. 37 K. 472; Hines v. Leavenworth, 3 K. 200; Graham v. Comm'rs 
Chautauqua Co., 31 K. 473; M. & M. Rly. Co. v. Champlin, 37 K. 684; State ex rel. v. 
City of Topeka, 36 K. 76; Newman v. Emporia, 32 K. 456; City of Newton v. Atchison, 
31 K. 151 ; A. T. & S. F. Rid. Co. v. Howe, 32 K. 737; Tull v. Royston, 30 K. 619; Phoe- 
nix Ins. Co. v. Welch, 29 K. 672; Durkee v. Greenwood Co., 29 K. 697; State ex rel. v. 
Phillips Co., 26 K. 419; National Bank of Lawr-nce v. Barber, 24 K. 534; Ottawa Co. 
v. Nelson, 19 K. 234; Sedgwick Co. v. Bunker. 16 K. 498; Francis v. A. T. & S. F. Rid. 
Co., 19 K. 303; City of Emporia v. Bates, 16 K. 495; Oswalt v. Hallowell, 15 K. 154; 
Hudson v. Atclrson Co.. 12 K. 140; Yail v. Beach, 10 K. 214; National Bank v. Iola, 
[U. S. Ct. Ct„] 9 K. 689; W ishburn Colege v. Sh wnee Co., 8 K. 344; Leavenworth 
Co. v. Miller, 7 K. 479; Gulf Rid. Co. v. Morris. 7 K. 210; G aham v Horton, 6 K. 343; 
State ex rel. v. School Fund, 4 K. 268; City of Leavenworth v. Booth, 15 K. 627; State 
ex reL v. Leavenworth Co., 2 K. 61.) 



272 STATE CONSTITUTION. 

Notes, Bills, Moneys, Banks. 

Sec. 2. The legislature shall provide for taxing the notes and bills 
discounted or purchased, moneys loaned, and other property, effects, or 
dues of every description, ( without deduction ) of all banks now existing, 
or hereafter to be created, and of all bankers; so that all property em- 
ployed in banking shall always bear a burden of taxation equal to that 
imposed upon the property of individuals. 

(Fisher y. Hash Co., 19 K. 414.) 

Revenue. 

Sec. 3. The legislature shall provide, at each regular session, for rais- 
ing sufficient revenue to defray the current expenses of the state for two 
years. 

This section was submitted by the legislature at the session of 1875 (Laws 1875, 
ch. 140), and was adopted by the people at the general election held November 2, 1875. 
Original section 3 was as follows : "§3. The legislature shall provide, each year, for 
raising revenue sufficient to defray the current expenses of the state." 

(State ex rel. v. Ewing, 22 K. 708; State ex rel. v. School Fund, 4 K. 261.) 

Object of Tax. 

Sec. 4. No tax shall be levied except in pursuance of a law, which 
shall distinctly state the object of the same; to which object only such 
tax shall be applied. 

(McGrathv. City of Newton, 29 K. 364; National Bank of Lawrence v. Barber, 
24 K. 234; A. T. & S. F. Rid. Co. v. Woodcock, 18 K. 20; City of Leavenworth v. Booth, 
15 K. 627; Graham v. Horton, 6 K. 343; State ex rel. v. Leavenworth Co., 2 K. 61. ) 

Debts; Annual Tax; Proceeds. 

Sec. 5. For the purpose of defraying extraordinary expenses and mak- 
ing public improvements, the state may contract public debts; but such 
debts shall never, in the aggregate, exceed one million dollars, except as 
hereinafter provided. Every such debt shall be authorized by law for 
some purpose specified therein, and the vote of a majority of all the mem- 
bers elected to each house, to be taken by the yeas and nays, shall be 
necessary to the passage of such law; and every such law shall provide 
for levying an annual tax sufficient to pay the annual interest of such 
debt, and the principal thereof, when it shall become due; and shall spe- 
cifically appropriate the proceeds of such taxes to the payment of such 
principal and interest; and such appropriation shall not be repealed nor 
the taxes postponed or diminished, until the interest and principal of such 
debt shall have been wholly paid. 

(Connty Seat of Liim Co., 15 K. 500; Prouty v. Stover, 11 K. 256; State ex rel. y. 
School Fund, 4 K. ^61.) 



STATE CONSTITUTION. 273 

Other Debts; How Created. 

Sec. 6. No debt shall be contracted by the state except as herein pro- 
vided, unless the proposed law for creating such debt shall first be sub- 
mitted to a direct vote of the electors of the state at some general election; 
and if such proposed law shall be ratified by a majority of all the votes 
cast at such general election, then it shall be the duty of the legislature 
next after such election to enact such law and create such debt, subject 
to all the provisions and restrictions provided in the preceding section 
of this article. 

(County Seat of Linn Co., 15 K. 529; State ex rel. v. School Fnnd, 4 K. 261.) 

Borrow Money for wbat Purposes. 

Sec. 7. The state may borrow money to repel invasion, suppress in- 
surrection, or defend the state in time of war; but the money thus raised, 
shall be applied exclusively to the object for which the loan was author- 
ized, or to the repayment of the debt thereby created. 

(State ex rel. v. School Fund, 4 K. 261.) 

Kot a Party to Internal Improvements. 

Sec. 8. The state shall never be a party in carrying on any works of 
internal improvement. 

(Leavenworth Co. v. Miller, 7 K. 479; State ex rel. v. Nemaha Co., 7 K. 542; Mor- 
ris v. Morris Co., 7 K. 576.) 

Article 12. — Corporations. 

No Special Act Conferring Corporate Powers. 

Section 1. The legislature shall pass no special act conferring cor- 
porate powers. Corporations may be created under general laws; but 
all such laws may be amended or repealed. 

(K. O. & T. Rly. Co. v. Smith, 40 K. 190; Ritchie v. Mnlvane, 39 K 241; State ex 
rel. v. Hnnter, 38 K. 578; City of Wichita v. Bnrleigh, 36 K. 34; Ass'nv. State, 35 K. 
253; Mason v. Spencer, 35 K. 512; City of Wyandotte v. Corrigan, 35 K. 21; The State 
v. Mo. Pac. Rly. Co., 33 K. 189; Knowles v. Board of Education, 33 K. 701; City of 
Topeka v. Gillett, 32 K. 431; Atchison St. Rly. Co. v. Mo. Pac. Rly. Co., 31 K. 660; 
Gray v. Crockett, 30 K. 138; A. C. & P. Rid. Co. v. Phillips Co., 25 K. 261; State ex rel. 
v. Stormont, 24 K. 686; State ex rel. v. Lawrence Bridge Co., 22 K. 438; City of Coun- 
cil Grove, 20 K. 619; P. & F. Rly. Co. v. Anderson Co., 16 K. 302; Center Township v. 
Hunt, 16 K. 430; State ex rel. v. Comm'rs Pawnee Co., 12 K. 439; Beach v. Leahy, 
11 K. ~3; Hunt v. K. & M. Bridge Co., 11 K. 412; State v. Comm'rs Nemaha Co., 10 K. 
569; Gilmore v. Norton, 10 K. 491; Atchison v. Bartholow, 4 K. 124; Wyandotte v. 
Wood, 5 K. 603; National Bank v. Iola, [U. S. Ct. Ct.,] 9 K. 689; Land Grant Rly. Co. 
v. Coffey Co., 6 K. 245; Hines v. Leavenworth, 3 K. 186; Territory v. Reybnrn, McC. 
134.) 

Dues from Cori>orations ; How Secured. 

Sec. 2. Dues from corporations shall be secured by individual liabil- 
ity of the stockholders to an additional amount equal to the stock owned 



274 STATE CONSTITUTION. 

by each stockholder; and such other means as shall be provided by law; 
but such individual liabilities shall not apply to railroad corporations, 
nor corporations for religious or charitable purposes. 

( A. T. & S. F. Rid. Co. v. Davis, 34 K. 199; Howell v. Manglesdorf, 33 K. 196; Sav- 
ings Bank v. Wulf ekuhler, 19 K. 65. ) 

Religious Corporations; How Property Vested. 

Sec. 3. The title of all property of religious corporations, shall vest 
in trustees, whose election shall be by the members of such corporations. 
( Venable v. Ebenezer Baptist Church, 25 K. 177; Klopp v. Moore, 6 K. :*6.) 

Right of Way for Corporation. 

Sec. 4. No right of way shall be appropriated to the use of any cor- 
poration, until full compensation therefor be first made in money, or se- 
cured by a deposit of money, to the owner, irrespective of auy benefit 
from any improvement proposed by such corporation. 

(O. O. C. & C. G. Kid. Co. v. Larson, 40 K. 308; L. & W. Eld. Co v. Ross, 40 K. 
598; B. K. & S. W. Rid. Co. v. Johnson, 38 K. 142; W. & W*. Rid. Co. v. Kuhn, 38 K. 
676; Comm'rs of Smith Co. v. Lahore, 37 K. 486; Reisner v. Strong, 24 K. 410; W. & 
W. Rid. Co. v. Fechheimer, 36 K. 45; Cohen v. St. L. Ft. S. & W. Rid. Co., 34 K. 153; 
Railroad Co. v. Andrews, 24 K. 702, 710, 711 ; P. W. Co. v. Knapp, 33 K. 752; Stebbins 
v. Gnthrie, 4 K. 353, 366, 367; Smith v. Smith, 15 K. 290; Millbank v. Ostertag, 24 K. 
462; C. B. U.- P. Rid. Co. v. Andrews, 30 K. 597; C. B. IT. P. Rid. Co. v. A. T. & S. F. 
Rid. Co., 28 K. 453; Reisner v. Atchison Union D. & R Co., 27 K. 382; Pottawatomie 
Co. v. O'Sullivan, 17 K 58; Challiss v. A. T. & S. F. Rid. Co., 16 K. 117; St. J. & D. 
Rly. Co. v. Callender, 13 K. 496; Blackshire v. A. T. & S. F. Rid. Co., 13 K. 514; Shaw- 
nee Co. v. Beckwith, 10 K. 603; A. T. & S. F. Rid. Co. v. Weaver, 10 K. 344; M. K. & 
T. Rly. Co. v. Ward, 10 K. 352; Hunt v. Smith, 9 K. 137; Gulf Rid. Co. v. Owen, 8 K. 
409; St. J. & D. Rid. v. Orr, 8 K. 419. ) 

Cities, Towns and Tillages; Provision for. 

Sec 5. Provision shall be made by general law for the organization 
of cities, towns and villages; and their power of taxation, assessment, 
borrowing money, contracting debts and loaning their credit, shall be so 
restricted as to prevent the abuse of such power. 

( City of Lyons v. Cooper, 39 K. 326; City of Newton v. Atchison, 31 K. 151 ; Atch- 
ison v. Bartholow, 4 K. 124; Gray v. Crockett, 30 K. 143; McGrath v. City of Newton, 
29 K. 364; Emporia v. Norton, 13 K. 570; National Bank v. Iola, [IT. S. Ct. Ct.,] 9 K. 
689; Leavenworth Co. v. Miller, 7 K. 480; State ex rel. v. Nemaha Co., 7 K. 542; City 
of Wyandotte v. Wood, 5 K. 603; Hines v. Leavenworth, 3 K. 186. ) 

Term Corporations Defined. 

Sec. 6. The term corporations, as used in this article, shall include all 
associations and joint stock companies having powers and privileges not 
possessed by individuals or partnerships; and all corporations may sue 
and be sued in their corporate name. 

(Leavenworth v. Casey, McC. 124; Beach v. Leahy, 11 K. 23.) 



STATE CONSTITUTION. 275 

Article 18. — Banks and Currency. 
Banks Established Only by General Law. 

Section 1. Xo bank shall be established otherwise than under a gen- 
eral banking law. 

(Atchison St. Ely. Co. v. Mo. Pac. Rly. Co., 31 K. 666; Pape v. Capitol Bank, '20 K. 
440.) 

Shall Require Deposit. 

Sec. 2. All banking laws shall require, as collateral security for the 
redemption of the circulating notes of any bank, organized under their 
provisions, a deposit with the auditor of state, of the interest-paying 
bonds of the several states or of the United States, at the cash rates of 
the New York stock exchange, to an amount equal to the amount of cir- 
culating notes which such bank shall be authorized to issue, and a cash 
deposit in its vaults of ten per cent, of such amount of circulating notes; 
and the auditor shall register and countersign no more circulating bills 
of any bank, than the cash value of such bonds when deposited. 

When Security Depreciates. 

Sec. 3. Whenever the bonds pledged as collateral security for the cir- 
culation of any bank, shall depreciate in value, the auditor of state shall 
require additional security, or curtail the circulation of such bank, to such 
extent as will continue the security unimpaired. 

Notes Redeemable ; Preference. 

Sec. 4. All circulating notes shall be redeemable in the money of the 
United States. Holders of such notes shall be entitled, in case of the in- 
solvency of such banks, to preference of payment over all other credit- 
ors. 

State Not to be a Stockholder. 

Sec. 5. The state shall not be a stockholder in any banking institu- 
tion. 

Banks to Keep Offices. 

Sec. 6. All banks shall be required to keep offices and officers for the 
issue and redemption of their circulation, at a convenient place within 
the state, to be named on the circulating notes issued by such bank. 

No Notes Less Than One Dollar. 

Sec. 7. ISo banking institution shall issue circulating notes of a less 
denomination than one dollar. 

This section was submitted by the state legislature at the session of 1861, (Laws 
1861, ch. 16.) and was adopted by the people at the general election held Nov. 5, 1861. 
Original section 7 was as follows : " § 7. No banking institution shall issue circulating 
notes of a less denomination than five dollars." 



276 STATE COJiOTlTUTTOK. 

Law to be Submitted to Electors. 

5z :. B. Bid banking law shall be in force until the same shall have 
been submitted to a vote of the electors of the state at some general elec- 
:..-. and approved by a majority of all the votes cast at such election. 
Amendment or Repeal. 

Sz :. 9. Any banking law may be amended or repealed. 

( Atchison St. Ely. Co. v. Mo. Pac. Ely. Co., 31 K. 666. ) 

Abticee 14. — Amendment s . 
Propositions to Amend: How Submitted. 

Sz ziox 1. Propositions for the amendment of this constitution may 
be made by either branch of the legislature; and if two-thirds of all the 
members elected to each house shall concur therein, such proposed amend- 
ments, together with the yeas and nays, shall be entered on the journal; 
and the secretary of state shall cause the same to be published in at least 
one newspaper in each county of the state where a newspaper is pub- 
lished, for three months preceding the next election for representatives, 
at which time the same shall be submitted to the electors for their ap- 
proval or rejection; and if a majority of the electors voting on said 
amendmei- shall adopt the amendments, the same shall 

become a part of the constitution. When more than one amendment 
shall be submitted at the same time, they shall be so submitted as to en- 
able the electors to vote on each amendment separately; and not more 
than three propositions to amend shall be submitted at the same elec- 
tion. 

(Prohib. Amend. Cases, 24 K. 700; County Seat of Linn Co., 15 K. 500; Prouty v. 
11 K. 257.) 

Convention for Revision or Amendment. 

v z : . 2. Whenever two-thirds of the members elected to each branch 
:e shall think it necessary to call a convention to revise, 
amend or change this constitution, they shall recommend to the electors 
to vote at the next election of members to the legislature, for or against 
a convention; and if a majority of all the electors voting at such election 
shall have voted for a convention, the legislature shall, at the next ses- 
5 _. provide for calling the same. 

(Prouty t. Stover, 11 K 257. ) 

Article 15. — Miscellaneous. 
Officers not Provided For. 

non 1. All officers whose election or appointment is not other- 
provided for, shall be chosen or appointed as may be prescribed by 
law. 

(Wheeler y. Brady, 15 K. 31; Matthews v. Commissioners, 34 K. 606. ) 



STATE CONSTITUTION. 277 

Tenure of Office. 

Sec. 2. The tenure of any office not herein provided for may be de- 
clared by law; when not so declared such office shall be held during the 
pleasure of the authority making the appointment, but the legislature 
shall not create any office the tenure of which shall be longer than four 
years. 

(Matthews v. Commissioners, 34 K. 606.) 

.Lotteries Prohibited. 

Sec. 3. Lotteries and the sale of lottery tickets are forever prohibited. 

State Printer. 

Sec. 4. All public printing shall be done by a state printer who shall 
be elected by the legislature in joint session and shall hold his office for 
two years and until his successor shall be elected and qualified. The 
joint session of the legislature for the election of a state printer shall be 
on the third Tuesday of January, A. D. 1869, and every two years there- 
after. All public printing shall be done at the capital, and the prices for 
the same shall be regulated by law. 

This section was submitted by the legislature at the session of 1868, ( Senate Jour- 
nal 1868, p. 336; it is not printed in the Laws of 1868, but is in the original enrolled 
laws of session of 1868, on file in office of secretary of state, ) and was adopted by the 
people at the general election held November 3, 1868. Original section 4 was as fol- 
lows: " § 4. All public printing shall be let on contract, to the lowest responsible bid- 
der, by such executive officers, and in such manner, as shall be prescribed by law." 

( Reed v. Francis, 22 K. 510 ; Wright v. Npell, 16 K. 603 ; Prouty v. Stover, 11 K. 
235; State ex rel. v. Barker, 4 K. 379. ) 

Accounts to be Published. 

Sec. 5. An accurate and detailed statement of the receipts and ex- 
penditures of the public moneys, and the several amounts paid, to whom, 
and on what account, shall be published, as prescribed by law. 

Rights of Women. 

Sec. 6. The legislature shall provide for the protection of the rights 
of women, in acquiring and possessing property, real, personal and mixed, 
separate and apart from the husband; and shall also provide for their 
equal rights in the possession of their children. 

( State v. Jones, 16 K. 608. ) 

Salaries Reduced for Xegleet. 

Sec. 7. The legislature may reduce the salaries of officers, who shall 
neglect the performance of any legal duty. 

Temporary Capital. 

Sec. 8. The temporary seat of government is hereby located at the 
city of Topeka, county of Shawnee. The first legislature under this con- 



27S STATE CONSTITUTION. 

stitntion shall provide by law for submitting the question of the perma- 
nent location of the capital to a popular vote, and a majority of all the 
votes cast at some general election shall be necessary for such location. 

Homestead Exemption. 

9. A homestead to the extent of one hundred and sixty acres of 
farming land, or of one acre within the limits of an incorporated town or 
city, occupied as a residence by the family of the owner, together with 
all the improvements on the same, shall be exempted from forced sale 
under any process of law, and shall not be alienated without the joint 
consent of husband and wife, when that relation exists; but no property 
shall be exempt from sale for taxes, or for the payment of obligations 
contracted for the purchase of said premises, or for the erection of im- 
provements thereon: Provided, The provisions of this section shall not 
apply to any process of law obtained by virtue of a lien given by the con- 
sent of both husband and wife. 

( Yining v. Willis, 40 K 609: Bebb v. Crowe. 39 K 342; Pilcher v. A T. & S. F. 
Bid. Co., 38 K. 516; Perrine v. Mayberry, 37 K. 262: Jenkins v. Simmons, 37 K. 496; 
Howell v. McCrie, 36 K. 636: Birdzell v. Birdzell, 33 K. 438: Ott v. Sprague, 27 K. 620; 
Farlin v. Sook, 26 K. 403: Coughlin v. Coughlin. 26 K. 116: Chambers v. Cox. 23 K. 
395; Spronl v. Atchison National Bank. 22 K. 337; Monriqnand v. Hart, 22 K. 596; 
S-r-son v. Kiehl, 21 K. 533: Hiatt v. Bnllene, 20 K. 557: Savings Bank v. Wheeler, 20 
K 630: Ashton v. Ingle, 20 K. 670; Blankenship v. Blankenship, 19 K 159: G»f 
Stephenson, 18 K. 140; LaRue v. Gilbert, IS K. 220; Hixon v. George, 18 K. 253; 
Greeno v. Barnard ID K. gH8; Roach v. Karr. 13 K 529; Colby y. Crocker, 17 K 
Gapen v. Stephenson, 17 K 613; Nichols v. Overacker, 16 K 54: Tarrant v. Swain. 15 
K 146; Moore v. Reaves, 15 K. 150: Robinson v. Wilson, 15 K. 595: Morris v. Ward, 5 
K. 239: Dollman v. Harris, 5 K. 597: Avers v. Probasco, 14 K. 175: Brandon v. Bran- 
don, 14 K. 342 ; Clark v. Spencer, 14 K 398 ; Andrews v. Alcorn. 13 K. 351 : Bnllene v. 
Hiatt, 12 K 98: Randall v. Elder, 12 K. 257; Jenness v. Cntler, 12 K. 500; Pratt v. To- 
peka Bank, 12 K 570: Chapman v. Lester, 12 K. 592: Helm v. Helm. 11 K 19; Mitchell 
v. Milhoan, 11 K 617: Anderson v. Anderson, 9 K. 112: Edwards v. Fry. 9 K. 417; 
Monroe v. May, 9 K. 466; Lister v. Batson, 6 K. 426; Sarahas v. Fenlon, 5 K 592; Cu- 
bic v. Douglass, 3 K. 123. ) 

Prohibition of Intoxicating Liquors. 

Szc. 10. The manufacture and sale of intoxicating liquors shall be 
forever prohibited in this state, except for medicinal, scientific and me- 
chanical purposes. 

[The foregoing amendment was submitted by the legislature at the session of 
1879, and was adopted by the people at the general election held November 2, 1880.] 

(State v. Fleming, 32 K. 588; Foster v. State, 32 K. 765. ) 

SCHEDEXE. 

Change from a Territorial to a State Government. 

Section 1. That no inconvenience may arise from the change from a 
territorial government to a permanent state government, it is declared by 
this constitution that all suits, rights, actions, prosecutions, recognizances, 



STATE CONSTITUTION. 279 

Contracts, judgments and claims, both as respects individuals and bodies 
corporate, shall continue as if no change had taken place. 

(Weaver v. Sells, 10 K. 609; Cusic v. Douglass, 3 K. 123; State ex reL y. Hitch- 
cock, IK. 178.) 

Penalties, Bonds, Etc. 

Sec. 2. All fines, penalties and forfeitures, owing to the territory of 
Kansas, or any county, shall inure to the use of the state or county. All 
bonds executed to the territory, or any officer thereof, in his official ca- 
pacity, shall pass over to the governor, or other officers of the state or 
county, and their successors in office, for the use of the state or county, 
or by him or them to be respectively assigned over to the use of those 
concerned, as the case may be. 

Officers of the Territory. 

Sec. 3. The governor, secretary and judges, and all other officers, 
both civil and military, under the territorial government, shall continue 
in the exercise of the duties of their respective departments until the said 
officers are superseded under the authority of this constitution. 

( State ex rel. v. Meadows, 1 K. 90. ) 

Laws Continued in Force. 

Sec. 4. All laws and parts of laws in force in the territory, at the 
time of the acceptance of this constitution by congress, not inconsistent 
with this constitution, shall continue and remain in full force until they 
expire, or shall be repealed. 

(State v. Stormont, 24 K. 686; State ex rel. v. Hitchcock, 1 K. 178. ) 

Seal of Governor to be Used. 

Sec. 5. The governor shall use his private seal until a state seal is 
provided. 

Offices, Where Kept. 

Sec. 6. The governor, secretary of state, auditor of state, treasurer 
of state, attorney general, and superintendent of public instruction shall 
keep their respective offices at the seat of government. 

Court Records and Documents. 
Sec. 7. All records, documents, books, papers, moneys and vouchers 
belonging and pertaining to the several territorial courts and offices and 
to the several districts and county offices, at the date of the admission of 
this state into the union, shall be disposed of in such manner as may be 
prescribed by law. 

Suits and Proceedings. 

Sec. 8. All suits, pleas, plaints and other proceedings pending in any 
court of record, or justice's court, may be prosecuted to final judgment 



280 gfATU COKSllTUtflOtf. 

and execution; and all appeals, writs of error, certiorari, injunctions, or 
other proceedings whatever, may progress and be carried on as if this 
constitution had not been adopted and the legislature shall direct the 
mode in which such suits, pleas, plaints, prosecutions and other proceed- 
ings, and all papers, records, books and documents connected therewith, 
may be removed to the courts established by this constitution. 
(McCollum v. Pipe, 7 K. 189.) 

Ratification or Rejection. 

Sec. 9. For the purpose of taking the vote of the electors of this ter- 
ritory for the ratification or rejection of this constitution, an election shall 
be held in the several voting precincts in this territory, on the first Tues- 
day in October, A. D. 1859. 

Vote by Ballot. 

Sec. 10. Each elector shall express his assent or dissent by voting a 
written or printed ballot labeled "For the Constitution," or "Against the 
Constitution." 

Election for Members of Legislature. 

Sec. 11. If a majority of all the votes cast at such election shall be in 
favor of the constitution, then there shall be an election held in the sev- 
eral voting precincts on the first Tuesday in December, A. D. 1859, for 
the election of members of the first legislature, of all state, district and 
county officers provided for in this constitution, and for a representative 
in congress. 

Persons Qualified to Vote. 

Sec. 12. All persons having the qualification of electors, according to 
the provisions of this constitution, at the date of each of said elections, 
and who shall have been duly registered according to the provisions of 
the registry law of this territory, and none others, shall be entitled to 
vote at each of said elections. 

Judges of Election. 

Sec. 13. The persons who may be judges of the several voting pre- 
cincts of this territory at the date of the respective elections in this 
schedule provided for, shall be the judges of the respective elections 
herein provided for. 

Oath of Judges; Clerks. 

Sec. 14. The said judges of election, before entering upon the duties 
of their office, shall take and subscribe an oath faithfully to discharge 
their duties as such. They shall appoint two clerks of election, who 
shall be sworn by one of said judges faithfully to discharge their duties 
as such. In the event of a vacancy in the board of judges the same shall 
be filled by the electors present. 



S*AT£ COKSTlTtJTIOtf. 281 

Polls Open; When Close. 

Sec. 15. At each of the elections provided for in this schedule the 
polls shall be open between the hours of nine and ten o'clock a. m., and 
close at sunset. 

Poll Books to be Furnished. 

Sec. 16. The tribunals transacting county business of the several coun- 
ties, shall cause to be furnished to the boards of judges in their respective 
counties two poll books for each election hereinbefore provided for, upon 
which the clerks shall inscribe the name of every person who may vote 
at the said elections. 

Votes, Conntinr; Tally Hist. 

Sec. 17. After closing the polls at each of the elections provided for 
in this schedule, the judges shall proceed to count the votes cast, and des- 
ignate the persons or objects for which they were cast, and shall make 
two correct tally lists of the same. 

Poll Books, Disposition of. 

Sec. 18. Each of the boards of judges shall safely keep one poll book 
and tally list, and the ballots cast at each election; and shall, within ten 
days after such election, cause the other poll book and tally list to be 
transmitted, by the hands of a sworn officer, to the clerk of the board 
transacting county business in their respective counties, or to which the 
county may be attached for municipal purposes. 

Canvass of Totes; Transcript. 

Sec. 19. The tribunals transacting county business shall assemble at 
the county seats of their respective counties on the second Tuesday after 
each of the elections provided for in this schedule, and shall canvass the 
votes cast at the elections held in the several precincts in their respective 
counties, and of the counties attached for municipal purposes. They 
shall hold in safe keeping the poll books and tally lists of said elections, 
and shall, within ten days thereafter, transmit, by the hands of a sworn 
officer, to the president of this convention, at the city of Topeka, a certi- 
fied transcript of the same, showing the number of votes cast for each 
person or object voted for at each of the several precincts in their re- 
spective counties, and in the counties attached for municipal purposes, 
separately. 

State Board of Canvassers. 

Sec. 20. The governor of the territory, and the president and secre- 
tary of the convention shall constitute a board of state canvassers, any 
two of whom shall be a quorum; and who shall, on the fourth Monday 
after each of the elections provided for in this schedule, assemble at said 
city of Topeka, and proceed to open and canvass the votes cast at the 



282 STATE CONSTITUTION. 

several precincts in the different counties of the territory and declare the 
result; and shall immediately issue certificates of election to all persons 
( if any) thus elected. 

Result? Proclamation. 
Sec. 21. Said board of state canvassers shall issue their proclamation 
not less than twenty days next preceding each of the elections provided 
for in this schedule. Said proclamation shall contain an announcement 
of the several elections, the qualifications of electors, the manner of con- 
ducting said elections and of making the returns thereof, as in this con- 
stitution provided, and shall publish said proclamation in one newspaper 
in each of the counties of the territory in which a newspaper may be 
then published. 

Copies to TJ. S. Authorities. 

Sec. 22. The board of state canvassers shall provide for the transmis- 
sion of authenticated copies of the constitution to the president of the 
United States, the president of the senate and speaker of the house of 
representatives. 

Proclamation ; Convene Legislature. 

Sec. 23. Upon official information having been by him received of the 
admission of Kausas into the union as a state, it shall be the duty of the 
governor elect under the constitution, to proclaim the same and to con- 
vene the legislature and do all things else necessary to the complete and 
active organization of the state government. 

(S~ate ex rel. v. Meadows, 1 K. 90: Benner et a! v. Porter, 9 How. [S. C. U. S.] 
239; State ex rel. v. Hitchcock, 1 K. 178. ) 

County Lines, not Changed. 

Sec. 24. The first legislature shall have no power to make any 
changes in county lines. 

Homestead Provision ; Separate Vote on. 

Sec. 25. At the election to be held for the ratification or rejection of 
this constitution, each elector shall be permitted to vote on the homestead 
provision contained in the article on "Miscellaneous." by depositing a 
ballot inscribed "For the Homestead," or "Against the Homestead:" 
and if a majority of all the votes cast at said election shall be against 
said provision, then it shall be stricken from the constitution* 
Sundry Resolutions. 

Resolved, That the congress of the United States is hereby requested, 
upon the application of Kansas for admission into the union, to pass an 
act granting to the state forty-five hundred thousand acres of land to aid 
in the construction of railroads and other internal improvements. 



STATE CONSTITUTION. 



283 



Besotted, That congress be further requested to pass an act appropri- 
ating fifty thousand acres of land for the improvement of the Kansas 
river from its mouth to Fort Riley. 

Besohed, That congress be further requested to pass an act granting 
all swamp lands within the state for the benefit of common schools. 

Resolved, That congress be further requested to pass an act appropri- 
ating five hundred thousand dollars, or in lieu thereof five hundred thou- 
sand acres of land, for the payment of the claims awarded to citizens of 
Kansas by the claim commissioners appointed by the governor and legis- 
lature of Kansas under an act of the territorial legislature passed 7th 
February, 1859. 

Besohed, That the legislature shall make provision for the sale or dis- 
posal of the lands granted to the state in aid of internal improvements 
and for other purposes, subject to the same rights of pre-emption to the 
settlers thereon as are now allowed by law to settlers on the public lands. 

Besohed, That it is the desire of the people of Kansas to be admitted 
Into the union with this constitution. 

Besohed, That congress be further requested to assume the debt of 
this territory. 

Done in convention at Wyandotte, this 29th day of July, A. D. 1859. 

JAMES M. WINCHELL, 

Prest. of Kansas Constitutional Convention, and Member from Osage Co. 



Robt. Graham, 
J. A. Mtddleton, 
John Taylor Burris, 
Wm. Hutchinson. 
N. C. Blood, 
John P. Greer, 
W. P. Dutton, 
Wm. McCullough, 
Jas. G. Blunt, 
J. C. Burnett, 
Wm. R. Griffith, 



Caleb May, 
S. D. Houston, 
Jo si ah Lamb, 
John James In g alls, 
Saml. A. Kingman, 
James Blood, 
S. O. Thacher, 
Edwin Stokes, 
John Ritchey, 
Benjamin F.Simpson, 
James M. Arthur, 



Saml. E. Hoffman, 
James A. Sign or, 
Robt. J. Porter, 
Luther R. Palmer, 
R. L. Williams. 
P. H. Townsend, 
H. D. Preston, 
Edmund G. Ross, 
James Hanway, 
Allen Crocker, 
George H. Lillle. 



JOHN A. MARTIN, Secretary. 



The following-named delegates to the Wyandotte convention did not 
sign the constitution: 



J. P. Slough, 
C. B. McClellak, 
J. W. Forman, 
J. Stiarwalt, 
W. C McDowell, 
A. D. McCune, 



John Wright, 
W. Perry, 
E. Moore, 
P. S. Parks, 

E. M. Hubbard, 

F. Brown, 



Sam. Hipple, 
S. A. Stinson, 
R. C Foster, 
J. T. Barton, 
B. Wrigley, 
T. S. Wright. 



INDEX. 



PAGE. 

Aliens 177 

Amendments — restrictions 189-190 

Appeals — where taken 197 

Bail 174 

Ballot-box 204 

Boundaries of Kansas 171 

Census 193 

Cities 221 

City — Asssessor 225 

Attorney 225 

Board of Police Commissioners 2 ,4 

Clerk 224 

elections 222-223 

Government — vested 223 

Marshal 224 

Market-master 225 

officers 224 

Police Judge 224 

schools — control of 225 

Street Commissioners 225 

Superintendent 226 

Treasurer 225 

wards 221 

Weigh-master 225 

Coroner 216 

Commissions 181 

Common Council 223 

County — limitations — organization, 209 

210 

when organized 210 

divisions — offices 210 

Attorney 217 

Auditor 218 

Board of Examiners 220 

Board of Health 219 

Commissioners 211, 212 

Clerk 213 

elections 210 

officers 211 

Register of Deeds 214 

Sheriff 214-216 



County— page. 

Superintendent 219 

Surveyor ..217, 218 

County seat — how determined 210 

County Treasurer 213, 214 

Debt 176 

District Courts —when held 196 

Clerk of 197 

jurisdiction of 197 

District Judge 196 

Divorce 19) 

Elections 178. 179 

Enacting clause 191 

Executive Department 178 

Executive officers 178-180 

Free governments 172 

Free schools 200 

General law — when in force 190 

Government of Kansas 177 

Governor 180-182 

Hereditary emoluments 177 

Impeachment 193, 194 

Injuries 177 

Judges of Supreme Court 196 

Judicial districts 196-198 

Judicial officers 198 

Judicial business in unorganized 

counties 199 

Justices of the Peace 197 

Justices and Judges — removal of.... 199 

Law— special 190 

operated — enacted 191 

Legislative power vested 185 

Legislators 185, 186 

Legislature 11 1-195 

Mayor 223 

Money 192 

Notaries Public 220 

Number of Senators and Representa- 
tives 185 

Officers 178 

Official reports J84 



11 



IKDEX. 



Pardoning power 181 

Persons transported 175 

Polls 193 

Political power 171, 172 

Powers — not delegated. 172 

Probate Court 197 

Reports of executive officers 184 

Religious rights 173 

Rights — guaranteed by the constitu- 
tion 171-176 

School-district officers 200, 201 

School Board 201, 202 

School law— compulsory 202 

Seal— of State 181 

in courts of record 195 

Sen ate 182-1 89 

Servitude — involuntary 173 

Slavery 173 

Soldiers — quartered 176 

Standing armies 172 

State of Kansas — admitted 226 

State Academy of Science 242, 243 

Adjutant General 240 

Agent at Washington...... 240, 241 

Agricultural College 245 

Bank Commissioner 243 

Board of Agriculture 234 

Canvassers 231 

Charities 232 

Dentistry 236 

Education 237 

Equalization 230 

Health 236 

Pardons 234, 235 

Pharmacy 236, 237 

Public Works 233 

Railroad Assessors-.. 231, 232 

Railroad Commissioners, 233 

Commiss'r of Labor Statistics, 241 

Elections 244 

Forestry 239 



State Supt. of Public Instruction .... 229 

Constitution 247 

Executive Department 226 

Executive Council 229 

Fish Commissioner 238 

Grain Inspector 242 

Historical Society 244 

Horticultural Society 242 

House employes 244 

Librarian 244 

Live-Stock Sanitary Commis'n, 237 

Military Board 233 

Milk Inspector 241 

Normal 215, 246 

Oil Inspector 237 

Police Commissioners 244 

Printing 242 

School-fund Commission 230 

Sinking-fund Commission 231 

Sugar Inspector 239 

Superintendent of Insurance . . 2-!3 

University 244, 245 

Veterinary Surgeon 243 

Supreme Court 195, 196 

Supreme power of the State 179 

Treason 175, 176 

Township officers 207 

Township — government of 202 

elections 203 

officers 205, 206 

meetings 207 

Justices 208, 209 

Vacancies in office 183, 184 

either house 187 

judicial districts 198 

Veto 223 

Votes 204, 205 

Voters — requirements 205 

Warrants — issued 176 

Witness — against self 175 

Women — suffrage 223 



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